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*  v 


<££ 


AN  ACT, 


ESTABLISHING 


RULES  and  ARTICLES 


FOR  THE 

Government  of  the  Armies 

OF  THE 

UNITED  STATES  ; 

WITH  THE 

Regulations  of  the  War  Department 

RESPECTING  THE  SAME. 


¥0  WHICH  ARE  ADDED , 

The  several  Laws  relative  to  the  Army  ;  the  Militia 
when  in  actual  service  ;  Volunteers  ;  Rangers  5 
Ordnance  Department,  and  the  QuARTER  Mas« 
ter’s  and  Commisj  iry  General's  Departments, 


ALBANY: 

printed  by  websters  and  skinners. 


1815. 


I 


Index  to  the  Laws,  &c . 


PAGE. 


AN  ACT  for  establishing'  rules  and  articles  for 
the  government  of  the  armies  of  the  U.  States,  13 
An  Act  fixing  the  military  peace  establishment,  50 
Acts  in  addition  thereto,  60 

An  Act  to  raise  for  a  limited  time  an  additional 
military  force,  61 

Acts  supplementary,  79,86 

An  act  for  completing  the  existing  military  es¬ 
tablishment,  65 

An  Act  authorizing  the  President  of  the  United 
States  to  raise  certain  companies  of  rangers  for 
the  protection  of  the  frontier  of  the  U.  States,  66 
Supplementary  act,  103 

An  Act  to  establish  a  quarter  master’s  depart¬ 
ment,  and  for  other  purposes,  80 

An  Act  to  amend  the  same,  9  6 

An  Act  for  the  organization  of  a  corps  of  artificers,  87 
An  Act  authorizing  the  President  to  accept  and 
organize  certain  volunteer  military  corps,  75 

Supplementary  act,  104 

An  Act  making  further  provision  for  the  corps  of 
engineers,  88 

An  Act  for  the  better  regulation  of  the  ordnance,  9 1 
An  Act  for  the  more  perfect  organization  of  the 
army  of  the  United  States,  97 

An  Act  respecting  military  bounty  lands,  98 

Acts  making  further  provision  for  the  army,  94, 1 0 1 

An  Act  respecting  the  pay  of  the  army,  103 

An  Act  to  regulate  the  pay  of  the  militia,  105 

An  Act  to  provide  for  calling  forth  the  militia,  108 
An  Act  to  authorize  a  detachment  from  the  militia,  1 1 1 
General  regulations  respecting  the  army,  37— 47 

Regulation  of  the  duties  of  the  general  staff,  47 
Respecting  waiters,  114 

Respecting  the  approval  of  sentences  of 
general  courts  martial,  1 17 

Recruiting  instructions,  •  115 

Enlistment,  oath  and  receipt,  1 1 7,1 8 

Form  of  enlistment  for  volunteers,  1 1 8 


p 


INDEX. 


1 1/^3 '<-■&> 


(\> 


<3K 


rn 


Art. 

Page. 

21 

18 

44 

23 

86 

32 

90 

33 

103 

4 

69 

ib. 

2 

101 

o 

O 

102 

11 

54 

69 

Note. — In  the  following  Index,  where  the  figures  are 
separated  by  a  comma,  both  references  point  to  the  page  ; 
but  in  all  other  cases,  the  first  figure  points  to  the  article 
or  section. 


^VbSENT  without  leave, 

From  parade,  - 
Accused  persons,  -  - 

Rights  of, 

Adjutants,  their  allowance  for  forage, 

Adjutant  General,  rank,  pay  and  emoluments, 
His  assistants,  their  rank,  pay,  &c. 

Deputy  Adj.  Generals,  and  their  assistants, 
pay,  &c.  - 

His  postage  to  be  free. 

Age  and  qualifications  of  recruits. 


. .  Their  extra  pay,  -  51,62 

Rations  and  forage,  70,103 

V)  Alarms,  false,  -  -  49  24 

Allowance  and  extra  pay  for  labor,  -  42 

Only  to  be  made  for  actual  service,  44 

To  officers  and  soldiers  on  discharge,  58,66,75 
Additional  to  deranged  officers,  -  58 

Ammunition,  punishment  for  selling,  8cc.  37  22 

Appointments  by  whom  made,  -  65,101,104 

Armorers  ;  2  masters  and  16  men  ;  pay,  &c.  87 

Arms,  penalty  for  selling,  &c.  38  22 

Captains  accountable  for,  -  40  23 

Army,  uniform  of,  President  to  prescribe, 

Act  making  further  provision  for, 

For  the  more  perfect  organization  of, 
Respecting  the  pay  of, 

See  Military  Peace  Establishment. 

Arrears  of  pay  not  to  exceed  two  months, 

Arrest  of  officers,  -  - 

Of  soldiers  for  debt. 

Arsenals  and  magazines,  keepers  to  make  returns,  8 
Articles  of  war,  act  establishing. 

When  to  be  read  and  published,  -  101 

Troops  to  be  governed  by,  -  -  10 

Militia  to  be  governed  by,  when  in  service,  97 
Artillery,  officers  and  soldiers  subject  to  c.  martial,  98 
Conductors  of,  -  -  17 


(X 


V 


Jt 


100  36 

94,101 
97 
103 


54,72 
77  30 
58,74 
93 
13 
36 
53 
35 


36 

85 


4 


INDEX. 


Artillery, two  teachers  of  music  to  be  added  to  ea.  rcg.  1  ^60 

T  lcvlit  mov  mnnnforl  ° 


Light,  may  be  mounted. 

Officers  of  allowed  forage, 

To  furnish  their  own  horses, 

A  saddler  and  farrier  to  ea.  company 
Their  clothing, 

Twelve  drivers  to  ea.  company, 
Artificers,  a  corps  of  to  be  organized. 

How  composed,  pay,  Sec. 

Attached  to  qr.  m.  general’s  department, 
Duty  of  superintendent  of, 

Axes  and  spades,  four  to  each  company, 


1 

1 

1 

2 

1 

6 


70 
ib. 
ib. 
ib. 
ib. 
95 
8  7 
ib. 
ib. 
ib. 
41 


B 


B 


'  AG  GAGE,  allowance  for  transportation  of,  42 
Barrack  Masters,  by  whom  appointed,  -  2  96 

Blacksmiths — 2  masters  and  20  men ;  their  pay,  See.  8 7 
Others  to  be  employed,  their  pay  and  rations,  92 
Boat  Builders — 2  masters  and  16  men  ;  their  pay,  See.  8 7 
Bounty  to  recruits,  -  -  54,71 

On  re-enlisting,  -  -  2  65 

In  money  and  land,  -  -  65,71 

Land,  act  for  surveying,  Sc c.  -  98 

Brevet,  officers  to  take  rank  according  to,  j  61  26 

Rank,  President  may  grant,  -  4  102 

Brigade  Majors,  their  allowance,  -  95,103 

Inspectors  and  qr.  masters,  allowance  for 

forage,  -  -  -  103 


c. 


'ADETS— See  Engineers. 

Captains,  accountable  for  arms,  See.  -  40  23 

Captured  stores,  -  -  -  58  26 

Carpenters — 2  masters,  20  house  and  5  ship  car¬ 
penters,  to  be  appointed  ;  their  pay,  See.  87 
Carriage  Makers  to  be  employed ;  pay  and  rations,  92 
Cavalry,  of  what  number  each  troop  to  consist,  98 

See  Dragoons. 

Certificates,  false,  -  -  -  14  17 

Challenging,  to  fight  a  duel,  how  punished,  25  19 

Chaplain,  penalty  for  absenting  himself,  -  4  14 

To  be  appointed,  his  pay,  Sec.  -  7  65 

One  to  each  brigade,  pay,  See.  -  24  75 

Children  of  officers — See  OJ/icers. 

(Slothing,  regulations  respecting  returns  of,  45 

Troops  to  be  furnished  with,  -  53,63,7 9 


INDEX. 


5 


Art.  Page. 

Clothing,  soldiers  may  be  supplied  at  contract  prices,  53 
Penalty  for  purchasing  of  soldiers,  -  19  57 

Of  light  dragoons  and  light  artillery,  79,80 

By  whom  to  be  provided,  -  -  5  82 

Commissary  General,  and  his  deputies,  -  4  82 

To  give  bond,  salary,  duty,  See.  -  83,96 

His  further  allowance,  -  -  3  ib. 

Compensation  for  clerks,  11  84 

Allowed  the  privilege  of  franking  letters,  10  83 
See  Ordnance — Musters . 

Command  and  rank,  -  -  -  62  26 

Compensation  for  enlisting  each  recruit,  11  54 

To  n.  c.  officers  and  soldiers  when  discharged,  64,66 
To  officers  and  men  disabled,  8cc.  55,  64,  67,  72,77 
To  officers  for  extra  expenses,  -  20  74 

See  Pay. 

Conductors  of  artillery — See  Artillery. 

Confinement,  term  of,  limited,  -  -  79  31 

Contempt  of  the  President  of  the  United  States,  5  14 

Commanding  officer,  -  6  ib. 

Corporal  punishment  by  whipping,  abolished,  7  95 

Court  martial,  -  66 — 68  28 

For  trial  of  the  militia,  when  in  service  to 

be  composed  entirely  of  militia  officers,  35,109 


Courts  martial  general. 

Form  of  voting  in, 

Challenge,  - 

Officers  to  be  tried  by, 

Who  may  appoint  judge  advocate, 
Testimony  before,  how  given, 
Provision  for  officers  attending, 

In  trials  before,  depositions  allowed, 
Power  of  officers  authorizing, 
Sentence  of,  by  whom  approved, 
Courts  of  Inquiry, 

Proceedings,  how  authenticated, 
Cowardice,  8cc.  how  punished, 

And  fraud  to  be  published, 

Crimes,  capital. 

Not  capital, 


27, 2S 
72  30 


71 

75 

21 

73 
22 

74 
89 


29 

30 

57 
30 

58 
30 
32 


27,54,117 
91  33 


92 

52 

85 

33 

99 


34 

25 

31 

21 

36 


Dd 

EATH,  sentence  of,  by  court  martial,  87  32 

Spies  to  suffer,  -  -  2  36 

Debts  under  20  dolls,  soldiers  not  liable  to  arrest  for,  58,74 
Depositions  taken  by  justices,  allowed  before  c.  m,  74  30 

A  2 


■ 


6  INDEX. 

Art.  Pag?. 

Deranged  officers,  allowance  to,  -  -  25  53 

Desertion,  punishment  for,  -  -  18,56,73 

Penalty  for  inticing  soldiers  to  desert,  19  57 

Discharge  from  service,  how  obtained,  -  11  15 

Allowance  to  be  made  when  granted,  58,66,75 
Disabilities — See  Pensions. 

Divine  service,  attendance  on,  -  -  2  13 

Dragoons,  light,  liable  to  serve  on  foot,  -  63 

Their  clothing,  -  -  -  1  79 

One  surgeon’s  mate  to  be  added  to  regt.  of,  98 

Troops  of,  number  of  officers  and  men  each,  4  ib. 
Drunkenness,  how  punished,  -  45  24 

Duels,  punishment  for  wilfully  suffering,  -  26  19 

Duelling,  -  ib. 

Duty,  hiring  done,  how  punished,  -  47  24 


Ei 


ENLISTMENTS,  form  of;  oath,  8cc.  15,117,118 
Premiums  to  officers  for,  -  11  71 

Enemy,  relieving,  how  punished,  -  56 

Corresponding  with,  6c c.  -  57 

Engineers,  article  respecting  their  duty,  8cc. 

Corps  of,  to  be  organized. 

Where  stationed,  - 
Principal  engineer,  £tc. 

Promotions  in, 

Subject  to  courts  martial, 

A  teacher  of  the  French  and  drawing  to  be 
attached  to,  2 

One  artificer  and  18  men  to  be  added  to,  3 
Act  making  further  provision  for  the  corps  of, 
Eighteen  month’s  men  may  be  enlisted. 

Embezzlements,  See.  -  39 

Evidence  before  courts  martial,  -  73 


63 

26 

27 

28 
26 
96 


25 

ib. 

27 

58 

59 
ib. 
ib. 
35 

60 
ib. 
88 
86 
22 
30 


FF 

ALSE  alarms,  - 

Certificates,  - 

Musters,  -  - 

Returns,  - 

Farrier,  one  to  each  company  of  light  artillery, 
Forage  masters — their  pay,  See. 

Forage,  fuel,  straw,  8cc. 

Monies  when  to  be  paid  in  lieu  of. 
Officers  of  light  artillery  allowed, 
Allowance  for  each  horse  per  day, 
Forcing  a  safeguard, 


49  24 

14  17 

15  ib. 
18  ib. 

2  79 

84,85 
40,41 
7  52 
1  79 

41 

55  2 5 


INDEX. 


Franking  letters  granted  to  certain  officers, 
Fraud  or  cowardice. 

Frontiers,  see  Rangers. 

Furloughs  by  whom  granted, 


Art.  Page. 

83,102 


85 


31 


12  IS 


G 


G 


o 

O 


'ENERALS,  two  additional  to  be  appointed, 

Seven  and  their  staff,  4 

Two  additional,  1 

Com’g  the  U.  S.  army,  allowed  a  sec’ry,  5 
Staff,  regulations  of  the  duties  of, 

Gestures  and  menacing  words,  -  76 

Governor  of  N.  Y.  his  authority  to  call  out  the  militia,  113 
Guardians  and  parents — See  Minors. 

Gun  to  be  fired  at  day- break  at  certain  posts,  46 


62 

69 

101 

95 

47 

30 


H 


H 


ARNESS  Makers — See  Saddlers. 
Half  pay — See  Widows  and  Pay. 
Hiring  duty  performed,  or  conniving  at. 
Hospital  Surgeons — See  Surgeons. 


47, 48  24 


I 


o 

3 


NFANTRY  of  the  army,  number  of  regiments,  1  97 

Companies,  of  what  number  to  consist,  2  ib. 
Inspector  General,  his  rank,  pay,  See.  -  4  69 

Allowed  two  assistants,  their  rank,  pay,  8cc.  ib. 
Dep.  Inspec.  Gens,  their  assistants,  pay,  &c>  2  101 
His  postage  free. 

Sub-inspectors,  to  be  appointed, 

Of  brigade,  allowance  for  forage, 

Instructions  for  recruiting  officers, 

Judge  Advocate,  and  his  duty, 

Further  duty. 

Oath,  - 

Who  may  appoint, 

One  to  each  division, 

Justice  and  good  order  to  be  preserved. 


102 
95 
103 
115 
69  28 

33,34 
93  ib. 


21 

19 

32 


57 

74 

20 


Kk 

EEPERS  of  Arsenals,  & c.  their  duty. 
Kettles  and  tin  pans,  to  be  furnished  the  soldiers, 


8  93 
41 


L 


_ _ fANDS — See  Bounty. 

Lt.  Artillery., .See  Artillery — Lt,  Dragoons,, .See  Dragoons* 


3 


INDEX. 


M 


M 


Art.  Page. 


61 

93 

87 

30 

55 

105 

108 

111 

ir 


ALT  Lquor,  may  be  supl’d,  instead  of  spirits,  2 
Magazines,  and  Arsenals,  keepers  to  make  returns,  8 
Master  Masons,  two  be  appointed  ;  their  pay,  See. 
Menacing  words  or  gestures,  -  -  *  76 

Militia,  when  in  the  service  of  the  United  States,  97 
Act  respecting  pay  of, 

For  calling  forth. 

For  calling  out  detachment  of  100,000, 

Of  New- A ork,  Governor’s  authority  to  order 
into  service, 

Courts  martial  for  trial  of,  to  be  composed 
of  militia  officers  only. 

Military  peace  establishment,  act  fixing, 

Force,  additional, 

Establishment  to  be  completed. 

Stores,  by  whom  provided, 

Law,  who  subject  to, 

Agents,  their  duty,  - 

Law  respecting  repealed, 

Minors  not  to  be  enlisted  without  consent  of  parents,  54,71 
Musters,  false,  -  -  -  -  15  17 

Commissary  of,  -  -  16  ib. 

Muster  rolls,  returns  of,  -  -  13  16 

Mute  or  perverse  prisoners,  -  -  70  29 

Mutiny,  &c.  and  punishment  for  not  suppressing,  7,  8  14 


io 


35,109 

50 

61,68,86. 

65 

81,82 
19  85 

56 
18  85 


N. 


N 


ON- Commissioned  officers — See  Soldiers. 
New-York,  militia  of  the  state  of,  Governor’s  au¬ 
thority  to  order  them  into  service, 


113 


o 


o 


FATHS  to  be  taken,  by  officers  and  soldiers,  57,74 
a  To  be  taken  by  n.  c.  officers  and  soldiers,  10  15 

To  be  taken  by  members  of  courts  martial,  69  28 

To  be  taken  by  judge  advocate,  -  29 

To  be  administered  to  witnesses,  73  30 

To  be  taken  by  members  and  judge  advo¬ 
cate  on  court  of  enquiry,  -  93  34 

Order  and  justice,  -  -  -  32  20 

Organization  of  the  army,  act  for  the,  more  perfect,  97 
Ordnance,  act  for  the  better  regulation  of,  91 

Commissary  General,  Assistant,  Deputies, 
and  Assistant  Deputies,  to  be  appointed— 
their  rank,  pay,  emoluments  and  duty,  91 — 93 


INDEX. 


9 


Art.  Pajje. 


Officers,  to  subscribe  the  articles  of  war,  77  30 

Arrest  of,  -  -  77  30 

Recruiting,  instructions  for,  -  115 

Compensation  for  extra  services,  20  74 

For  each  recruit  enlisted,  -  54 

Field  and  staff  of  the  new  army,  68 

Killed  or  dying  in  service,  their  wi- 
dows,  See.  allowance  to,  55,64,67,73 

Not  to  lie  out  of  their  quarters,  42  23 

Oath  to  be  taken  by  -  -  20  57 

Of  artillery,  subject  to  be  tried  by  c.  martial, 36  35 

Of  militia  when  in  service,  -  97  ib. 

Serving  under  any  particular  state,  98  36 

Provision  for  those  attending  g.  c.  martial,  22  58 

Rank,  those  highest  in  to  command,  62  26 

To  be  fixed  by  the  President,  3  80 

Redress  for  wrongs,  -  -  34  21 

Term  of  confinement,  -  -  79  31 

Ccm’ing  a  guard,  6cc.  to  receive  and  report, 

but  not  to  release  prisoners,  80 — 82  ib. 

To  be  tried  by  court  martial,  -  75  30 

Their  subsistence,  -  -  5  52 

Estimated,  -  23  75 

Their  stationary,  regulation  respecting,  43 

To  be  citizens  of  the  United  States,  9  65 

Unbecoming  conduct,  -  -  83  31 

Who  may  die  or  be  killed  in  service,  94  34 

Wounded  or  disabled— See  Pensions. 


JL  ARADE,  absence  from,  -  -  44  23 

Parents  und  guardians — See  il linors. 

Pay  of  officers  and  men,  -  51,62,70,103 

Of  engineers,  cadets,  &c.  -  25  58 

Of  the  corps  of  artificers,  -  87 

Of  the  militia  when  in  service,  -  105,112 

Of  the  rangers,  -  -  -  3  67 

And  subsistence,  -  **  7  70 

Extra  and  allowance  to  soldiers,  -  44 

Arrears  of,  not  to  exceed  two  months,  54,72 

See  Quarter  Master  General — Ordnance. 

Half-pay  for  5  years  allowed  to  widows  and 

children  of  deceased  officers,  -  15  55 

For  three  months  to  the  heirs  of  soldiers  killed,  66 
Pay  Master  of  the  army,  and  district  pay  masters,  16  55 
District  and  regimental,  -  94 


10 


INDEX. 


Art.  Page. 

Dep.  Pay  Mast.  Gen.  8c  assistants,  pay,  Sec.  2  101 

Peace  Establishment — See  Military . 

Penalty  for  desertion,  -  -  -  20  18 

For  enlisting  persons  under  age,  -  11  54 

For  purchasing  soldiers’  clothing,  See.  19  57 

Pension  list,  %vho  to  be  placed  on,  55,64,67,72,77 

Physicians,  regulations  respecting,  -  45 

Postage  of  letters  of  certain  officers  free,  83,102 

Posts,  abandoned,  -  -  -  52  25 

Prisoners,  officers  com’g.  guard,  See.  to  receive,  80—82  31 
President — See  jifi/i  ointments — Promotion. 

Promotion,  rules  respecting,  -  -  47,98 

Property  maliciously  destroyed,  -  54  25 

Provoking  speeches,  Sec.  -  -  24  19 

Public  stores  taken  from  the  enemy,  -  58  26 

Purveyor  of  public  supplies,  his  office  abolished,  9  83 


Q 

UARTERS,  regulations  respecting,  -  37 

Quitting  guard*  platoon,  Sec.  -  -  50  24 

Quar.  Master  General’s  department,  act  to  organize,  80 
Act  establishing  amended,  -  96 

Rank,  pay,  duty,  Sec.  -  -  81,96,97 

Deputies  and  assistants  to  take  an  oath,  82 

To  give  bonds,  -  -  4  96 

Prohibited  dealing  in  certain  articles,  1  ib. 
Allowance  for  clerk  hire,  -  11  83 

Not  accountable  for  subordinate  officers,  97 

To  appoint  waggon  and  forage  masters,  12  84 

Barrack  masters,  -  -  2  96 

His  letters  free  of  postage,  -  10  83 

Dep.  Qr.  Mas.  Gen.  pay,  duty,  oath,  bond,  80,81,96,97 
In  what  case  additional  ones  to  be  appointed,  2  101 
Asst.  D.  Q.  M.  Gen.  pay,  duty,  oath,  bond,  80,81,96,97 
Quarter  Master  Sergeants,  their  pay,  103 


Rr 

ANK, 

And  command, 

Rangers,  6  companies  to  be  raised, 
Pay,  rations,  disabilities,  8cc, 
Act  amending, 

Ration,  description  of, 

Recruits,  their  bounty, 

Recruiting  officers,  instructions  for, 
Redress,  how  obtained,  - 


o 

O 


62 


80 
26 
66 
67 
103 

52.70 

54.71 
115 

34  21 


INDEX. 


11 


Art.  Page. 


Return  muster  rolls,  -  -  13  16 

Returns,  false,  -  -  -  18  17 

Monthly,  -  -  -  19  ib. 

Relieving  an  enemy,  -  -  56  25 

Regiments — See  Military  Establishment. 

Number  of  which  U.  S.  infantry  is  to  consist,  97 
Rules  and  articles  of  war,  13 

Regulations,  general,  respecting  the  army,  37" — 47 

Respecting  extra  pay,  &c.  for  labor,  44 

Stationary,  -  43 

Employment  of  physicians,  -  45 

Returns  of  clothing,  -  ib. 

Salutes,  46 


s. 


79 


87 

25 

46 

95 


►ADDLERS,  one  to  each  company  of  It.  artillery,  2 
And  Harness  makers — 2  masters  and  12 
men  ;  their  pay,  &c. 

Safeguard,  penalty  for  forcing,  55 

Salutes,  regulation  as  to, 

Secretary  allowed  to  the  general  commanding  the 

United  States  army  ;  pay,  &c.  5 

Sentence  of  courts  martials — See  Courts  Martial. 

Of  gen.  c.  martials,  by  whom  approved,  27,54,117 

Soldiefs  and  n.  c.  officers  not  to  go  a  mile  from  camp, 41  23 

Not  to  lie  out  of  their  quarters,  -  42  ib. 

When  to  return  to  their  tents,  -  43  ib. 

Charged  with  crimes,  -  78  30 

Term  of  confinement,  79  31 

Who  may  die  or  be  killed  in  the  service, 

their  effects  to  be  taken  care  of,  95  35 

Their  heirs  entitled  to  lands  and  pay,  66,72,78 
Allowance  to  them  when  discharged,  66,75 

Wounded  or  disabled  in  service — See  Pensions. 
Their  bounty  on  re-enlisting,  .  2  65 

May  be  enlisted  for  eighteen  months,  1  86 

Exempt  from  arrest  in  certain  cases,  58,74 

Sleeping  on  post,  punishment  for,  -  46  24 

Who  may  be  enlisted  as,  -  11  54 

In  case  of  desertion,  liable  to  serve  so  as  to 

complete  the  full  term  of  enlistment,  16  73 
Spades  and  axes,  four  to  each  company,  -  41 

Speeches,  provoking,  -  24  19 

Spies,  their  punishment,  -  2  36 

Spirits,  malt  liquor  may  be  supplied  in  place  of,  2  61 
Staff,  general,  regulation  as  to  the  duties  of,  47 

Of  the  army,  -  -  50,69 


12 


INDEX. 

Stationary,  ordinance  relatingto. 

Straw  and  fuel,  requisitions  for, 

How  supplied. 

Distribution  of, 

Store  keeper  and  commissary, 

Stores,  public,  captured, 

Striking  superiors, 

Sub-Inspectors,  may  be  appointed  from  the  line. 
Their  additional  pay, 

Subscribing  articles  of  war. 

Superintendents  of  military  stores,  their  duty, 

Of  artificers,  his  duty, 

Supplies,  regulation  as  to, 

Suppression  of  mutiny. 

Surgeon’s  mates,  additional  number  may  be  ap¬ 
pointed,  -  - 

Surgeons  and  surgeon’s  mates,  additional  number, 
Surrendering  posts,  6cc. 

Suttlers  and  suttling,  -  -  29- 

Swearing,  or  using  any  profane  oath. 


At-  Pag to 
43 

40 

41 
39 

36  22 

58  26 

9  15 

3  95 

ib. 
1  13 

8  93 
3  87 
41 
8  14 

1  60 

3  62 

59  26 
-31  20 

3  13 


rp  T 

A  ENTS,  one  to  every  six  men, 

41 

V  <  v 

v  IOLENCE, 

51  24 

Volunteers,  act  to  organize  a  corps  of, 

75 

Supplementary, 

104 

WW 

AGGONS,  one  to  each  company,  -  41 

Waggon  masters,  pay,  emoluments,  &c.  12, 13,  14  84 

Waiters,  allowance  for  those  not  taken  from  the  line,  5  102 
Number  to  each  officer,  and  instructions 
respecting,  - 

War,  rules  and  articles  of, 

Waste,  or  malicious  destroying  of  property, 

Watch-word,  making  it  known, 

Wheelwrights,  carriage  makers,  blacksmiths, 

Whipping,  number  of  stripes  limited, 

Abolished, 

Widows  and  children  of  officers  to  be  provided  for,  55,64,73 
Witnesses’  oath.  -  -  -  93  34 

Words,  menacing,  or  gestures,  -  76  30 

Wounded — bee  Pensions. 

Wrongs,  redress  for,  -  -  34  2$. 


114 

13 

54  25 

53  ib. 

91,92 
87  32 
7  95 


The  Reader  will  please,  to  remark,  that 
the  matter  referred  to  in  the  following 

Supplementary  3Jnt>eje, 

Commences  immediately  after  the  120th  page  of  this  work  ; 
and  contains  the  latest  laws,  rules,  orders  and  instruc* 
tions  relative  to  the  Army,  which  have  been  enacted  by  the 
Government,  or  authorized  by  the  President. 


ACTS  OP  CONGRESS,  page. 

Increasirg  the  pay  of  the  army,  8tc.  5 

Supplementary  to  the  act  for  the  more  perfect  organiza¬ 
tion  of  the  army,  6 

To  raise  an  additional  military  force,  8 

Making  provision  for  an  additional  number  of  gen.  officers,  111 
To  raise  ten  additional  companies  of  rangers,  1& 

Act  to  continue  in  force  a  certain  act  respecting  rangers,  55 
Making  further  provision  for  filling  the  ranks  of  the  army,  53 
To  raise  three  regiments  of  riflemen,  ...  55 

For  better  organizing,  paying  and  supplying  the  army,  56 

To  authorise  the  president  to  receive  volunteer  corps,  55 

Supplementary  to  the  act  for  calling  forth  the  militia,  and 
to  increase  their  pay,  an  act  additional,  12,  60 

For  the  better  organization  of  the  general  staff  of  the  army,  14 
To  regulate  the  allowance  of  forage  to  officers,  47 

Acts  and  parts  of  acts  repealed,  sec.  10,  16 

ADJUTANTS  GENERAL, 

And  assistants — rank  and  pay,  -  -  -  14 

Their  duties  prescribed,  25 

APOTHECARY  GENERAL— See  Hospital. 

ARMY, 

Table  of  the  monthly  pay  and  subsistence  of  the  troops,  18 
Acts  increasing  the  pay  of,  ■  -  5 

Act  making  further  provision  fur  filling  the  ranks  of,  53 

Act  for  the  better  organizing,  paying  and  supplying  of,  56 

See  Rank — Regiments —  Uniform. 

BAGGAGE — See  Transportation  of. 

BARRACK  MASTERS, 

To  be  appointed  as  heretofore,  -  sec.  8,  15 

CANNON, 

Cannon,  cannon  shot,  ordnance  stores,  Sec.  to  be  inspected,  36 

CHAPLAINS, 

One  to  each  brigade  to  be  appointed,  and  pay,  sec.  16,  11 

CHILDREN  of  Officers — See  Widows. 

CLOTHING, 

Returns  of  to  be  annually  made  by  each  regimental  qr.  master,  39 
COMMISSARY  GENERAL  cf  Purchases, 


And  his  deputies — their  duty, 


38 


SUPPLEMENTARY  INDEX. 

Commenting  after  page  120  of  this  work. 


COMPLIMENTS,  <  facEi 

To  be  paid  by  the  troops,  -  24 

DEBT, 

No  soldier  liable  to  arrest  for,  -  sec.  2,  6 

DESERTION, 

Penalty  for,  -  -  -  sec.  12,  10 

ENLISTMENTS, 

Act  to  encourage,  kc.‘  -  53 

FORAGE, 

Allowance  of. 

Table  of  requisition  for, 

FORAGE  MASTERS, 

To  be  appointed  as  heretofore, 

ENGINEERS — See  Topographical  Engineers. 

FUEL, 

Allowance  of,  -  -  - 

Returns  for  regiments,  table  of, 

HOSPITAL  and  MEDICAL  Department. 

Physician,  surgeon  and  apothecary  generals,  to  be  appoint¬ 
ed,  and  their  pay,  ...  seCt 

Their  duty,  - 

INSPECTORS  GENERAL, 

And  assistants — pay  and  rank,  -  - 

Duties  of,  - 

Mustering  and  inspecting  troops  of  the  line  and  militia. 
Superintending  the  police  of  the  camp  and  of  the  march, 
Inspecting  parades, 

Selecting  places  of  encampment  and  posting  guards, 

Making  confidential  half  yearly  reports  to  the  war  department,  ib 

LABORATORIES, 

Three  principal  ones  to  be  established, 

MEDICAL — See  Hospital. 

MILITIA, 

Drafts,  rules  with  regard  to,  - 

Persons  performing  a  tour  of  militia  duty,  may  enlist,  $6, 
Detachments,  by  whom  inspected,  -  -  , 

Act  f  r  calling  forth  and  to  increase  the  pay  of,  &c. 

Act  in  addition  to  the  act  for  calling  forth, 

MILITARY 

Correspondence,  by  whom  carried  on, 

Districts,  letter  of  instructions  to  superintendents  of, 

United  States,  divided  into  nine  military  districts, 

Force,  act  in  addition  to  the  act  to  raise  an  additional, 

ORDNANCE, 

Distribution  of. 

Preservation  and  safe  keeping  of,  - 
Returns,  kc. 

ORDNANCE  Department, 

Duties  prescribed,  -  35  —38 


33,  43,  47 
50 

sec.  8,  15 


33 

52 


15 

39 

14 

27 

23 

29 

ib. 

ib. 


35 


47 

7 
58 
12 
60 

27 

3 

44 

8 

36 

37 
ib. 


SUPPLEMENTARY  INDEX, 
Commencing  after  page  120  of  this  y>ork. 


OFFICERS,  page. 

additional  general  officers,  -  -  11 

)ne  additional  major  to  each  regiment,  -  6 

>ne  third  lieutenant  to  each  company,  -  ib. 

>ne  additional  sergeant  to  each  company,  -  7,  9 

’ay  and  emoluments,  -  -  sec.  5,  8 

>ath,  -  -  -  10 


heir  reasonable  expenses  for  extra  service  to  be  allowed,  10 
See  Forage — Pay — Promotion — Rank — Recruiting — Trans - 


ortation  of  Baggage — Widows. 

PAY,  > 

>f  the  non-com.  officers,  privates,  &c.  act  to  increase,  5 

>f  the  20  additional  regiments,  sec.  5,  8 

able  of  the  monthly  pay  and  subsistence  of  the  army,  18 
)f  the  militia,  act  increasing  the  pay,  &c.  -  12 

PHYSICIAN  GENERAL— See  Hospital. 

POSTAGE 


Of  all  letters  and  packets  from  the  adjutants  and  inspect¬ 
ors  general,  quarter  masters  general,  commissary  gene¬ 
ral  of  ordnance,  physician  and  surgeon  general  and 
apothecary  general,  relative  to  their  official  duties,  to  be 


free,  -  -  -  sec.  11,  16 

POWDER, 

Inspection  of,  36 

PROMOTION, 

Rules  with  regard  to,  23 

PURCHASING  DEPARTMENT— 

See  Commissary  General  of  Purchases. 

QUARTERS, 

Table  shewing  the  allowance  of  quarters  and  fuel,  21 

Regulations  respecting,  32 

QUARTER  MASTER  GENERALS, 

Deputies  and  assistants — rank  and  pay,  -  14 

Duties  prescribed,  ...  30 — 3$ 

To  make  out  and  transmit  to  the  war  department  annual 
estimates  of  forage,  fuel,  hoi’ses,  oxen,  Sic.  Sic.  35 

Duty  of  regimental  quarter  masters  to  make  returns  of 
clothing,  -  -  -  39 

RANGERS, 

Ten  additional  companies  to  be  raised,  *  12 

Act  to  continue  in  force  a  certain  act  respecting,  55 

RANK 

Of  officers  and  regiments,  -  -  23 

REGIMENTS, 

Twenty  additional  may  be  raised  for  one  year,  „  .  ® 

Organization  of,  -  -  • 

Rank  of,  .  -  _  23 

President  authorized  to  cause  to  be  enlisted  for  five?  years 
or  during  the  war,  certain  regiments  of  infantry,  54 


SUPPLEMENTARY  INDEX, 
Commencing  after  page  120  of  this  -work  4 


10 

35 

51 

33 

52 


pig  a. 

RECRUITING, 

Instructions  respecting,  -  -  1,  3,  44 

Allowance  to  officers  for  recruits  enlisted  by  them,  7,  9 

RIFLEMEN, 

Act  to  raise  three  regiments  of,  -  .  55 

SALUTES, 

Rules  respecting,  ...  25 

SOLDIERS, 

Not  liable  to  arrest  for  debt,  sec.  2,  6 

Persons  performing  militia  duty  may  enlist  as,  sec.  6,  7 
Not  to  be  enlisted  under  the  age  of  21,  without  permission,  ib. 
Allowance  to,  on  discharge,  sec.  15,  11 

Penalty  on  desertion,  -  -  sec.  12, 

STATIONARY, 

Allowance  of,  * 

Table  of  requisition  for, 

STRAW, 

Allowance  of. 

Table  of  requisition  for  ... 

SURGEON  GENERAL— See  Hospital. 
SUPERINTENDENTS— See  Military. 

TABLES, 

'1.  Shewing  the  rates  of  allowance  for  transportation  of  offi¬ 
cers’  baggage,  -  r  -  -  17 

2.  Monthly  pay  and  subsistence-allowance  of  the  army,  18, 19 

3.  Shewing  the  allowance  of  forage  in  kind,  or  money,  20 

4.  Shewing  the  allowance  of  quarters  and  fuel,  21 

5.  Shewing  the  allowance  of  stationary,  -  22 

6.  Of  the  fortifications  in  the  United  States,  and  their  dis¬ 
tances  from  New-York,  -  -  48 — 50 

TOPOGRAPHICAL  ENGINEERS, 

And  their  assistants — rank  and  pay,  14 

Their  duty,  -  -  -  -  39 

TRANSPORTATION, 

Table  shewing  the  rate  of  allowance  for  transportation  of 
officers’  baggage,  -  -  -  17,  34 

Of  baggage,  allowance  to  each  company  or  detachment,  34 

TROOPS, 

Mustering  and  inspecting — See  Inspectors  General. 
UNIFORM  of  Officers, 

Detailing  rules  respecting,  *  40 

Changes  in  uniform  of  the  army,  -  -  42 

VOLUNTEERS, 

Act  to  organize,  repealed,  -  -  sec.  18,  11 

Act  to  authorize  the  President  to  receive  corps  of,  55 

WAGGON  MASTERS, 

To  be  appointed  as  heretofore,  -  sec.  8,  15 

WIDOWS  and  CHILDREN 

Of  officers  dying  in  service,  allowance  to,  -  10 


RULES  AND  ARTICLES  OF 

WAR,  &c. 


AN  ACT, 

For  establishing  Rules  and  Articles  for  the  Government 

of  the  Armies  of  the  United  States. 

Sec.  it  enacted  by  the  Senate  and  House  of 

Fa  Representatives  of  the  United  States  of 
America  in  Congress  assembled ,  That  from  and  after 
the  passing  of  this  act,  the  following  shall  be  the 
rules  and  articles  by  which  the  armies  of  the  United 
States  shall  be  governed. 

Art.  1.  Every  officer  now  in  the  army  of  the 
United  States,  shall,  in  six  months  from  the  passing 
of  this  act,  and  every  officer  who  shall  hereafter  be 
appointed,  shall,  before  he  enters  on  the  duties  of  his 
office,  subscribe  these  rules  and  regulations. 

Art.  2.  It  is  earnestly  recommended  to  all  offi¬ 
cers  and  soldiers  diligently  to  attend  divine  service  ; 
and  all  officers  who  shall  behave  indecently,  or  irrev¬ 
erently  at  any  place  of  divine  worship,  shall,  if  com¬ 
missioned  officers,  be  brought  before  a  general  court 
martial,  there  to  be  publicly  and  severely  reprimand¬ 
ed  by  the  President;  if  non-commissioned  officers 
or  soldiers,  every  person  so  offending  shall,  for  his 
first  offence,  forfeit  one  sixth  of  a  dollar ,  to  be  de¬ 
ducted  out  of  his  next  pay  ;  for  the  second  offence, 
he  shall  not  only  forfeit  a  like  sum,  but  be  confined 
twenty -four  hours ;  and  for  every  like  offence  shall 
suffer  and  pay  in  like  manner;  which  money,  so  for¬ 
feited,  shall  be  applied  by  the  captain  or  senior  officer 
of  the  troop  or  company,  to  the  use  of  the  sick  sol¬ 
diers  of  the  company  or  troop  to  which  the  offender 
belongs. 

Art.  3.  Any  non«commis‘4oned  officer  or  soldier 

B 


14 

•  •  •  • 

tyho  shall  use  any  profane  oath  or  execration  shall 
incur  the  penalties  expressed  in  the  foregoing  article  ; 
and  a  commissioned  officer  shall  forfeit  and  pay  for 
each  and  every  such  offence  one  dollar,  to  be  applied 
as  in  the  preceding  article. 

Art.  4.  Every  chaplain  commissioned  in  the  army 
or  armies  of  the  United  States,  who  shall  absent  him¬ 
self  from  the  duties  assigned  him  (except  in  cases  of 
sickness  or  leave  of  absence)  shall,  on  conviction 
thereof  before  a  court  martial,  be  fined  not  exceed¬ 
ing  one  month’s  pay,  besides  the  loss  of  his  pay  dur¬ 
ing  his  absence  ;  or  be  discharged,  as  the  said  court 
martial  shall  judge  proper. 

Art.  5.  Any  officer  or  soldier  who  shall  use  con¬ 
temptuous  or  disrespectful  words  against  the  Presi¬ 
dent  of  the  United  States,  against  the  Vice-President 
thereof,  against  the  congress  of  the  United  States, 
or  against  the  chief  magistrate  or  legislature  of  any 
of  the  United  States  in  which  he  may  be  quartered, 
if  a  commissioned  officer,  shall  be  cashiered,  or 
otherwise  punished  as  a  court  martial  shall  direct ,  if 
a  non-commissioned  officer  or  soldier,  he  shall  suffer 
such  punishment  as  shall  be  inflicted  on  him  by  the 
sentence  of  a  court  martial. 

Art.  6.  Any  officer  or  soldier  who  shall  behave 
himself  with  contempt  or  disrespect  towards  his 
commanding  officer,  shall  be  punished  according  to 
the  nature  of  his  offence,  by  the  judgment  of  a  court 
martial. 

Art.  7.  Any  officer  of  soldier  who  shall  begin,  ex¬ 
cite,  cause,  or  join  in  any  mutiny  or  sedition  in  any 
troop  or  company  in  the  service  of  the  United  States, 
or  in  any  party,  post,  detachment  or  guard,  shall  suf¬ 
fer  death,  or  such  other  punishment  as  by  a  court 
martial  shall  be  inflicted. 

Art.  8.  Any  officer,  non-commissioned  officer,  or 
soldier,  who,  being  present  at  any  mutiny  or  sedition, 
does  not  use  his  utmost  endeavour  to  suppress  the 
&£me,  or  coming  to  the  knowledge  of  any  intended 


mutiny,  does  not  without  delay,  give  information 
thereof  to  his  commanding  officer,  snail  be  punished 
by  the  sentence  of  a  court  martial  with  death  or  oth¬ 
erwise,  according  to  the  nature  of  his  offence. 

Art.  9.  Any  officer  or  soldier  who  shall  strike  his 
superior  officer,  or  draw  or  lift  up  any  weapon,  or  of¬ 
fer  any  violence  against  him,  being  in  the  execution 
of  his  office,  on  any  pretence  whatsoever,  or  shall 
disobey  any  lawful  command  of  his  superior  officer, 
shall  suffer  death,  or  such  other  punishment  as  shall, 
according  to  the  nature  of  his  offence,  be  inflicted 
upon  him  by  the  sentence  of  a  court  martial. 

Art.  10.  Every  non-commissioned  officer  or  sol¬ 
dier,  who  shall  enlist  himself  in  the  service  of  the 
United  States,  shall,  at  the  time  of  his  so  enlisting,  or 
within  six  days  afterwards,  have  the  articles  for  the 
government  of  the  armies  of  the  United  States,  read 
to  him,  and  shall,  by  the  officer  who  enlisted  him,  or 
by  the  commanding  officer  of  the  troop  or  company 
into  which  he  was  enlisted,  be  taken  before  the  next 
justice  of  the  peace,  or  chief  magistrate  of  any  city 
or  town  corporate,  not  being  an  officer  of  the  army,  or 
where  recourse  cannot  be  had  to  the  civil  magistrate, 
before  the  judge  advocate,  and  in  his  presence,  shall 
take  the  following  oath  or  affirmation :  u  I,  A.  B.  do 
solemnly  swear  or  affirm,  (as  the  case  may  be)  that  I 
will  bear  true  allegiance  to  the  United  States  of  Amer¬ 
ica,  and  that  I  will  serve  them  honestly  and  faithfully 
against  all  their  enemies,  or  opposers,  whatsoever, 
and  observe  and  obey  the  orders  of  the  President  of 
the  United  States,  and  the  orders  of  the  officers  ap¬ 
pointed  over  me,  according  to  the  rules  and  articles 
for  the  government  of  the  armies  of  the  United 
States/’  Which  justice,  magistrate,  or  judge  advo¬ 
cate  is  to  give  the  officer  a  certificate,  signifying  that 
the  man  enlisted,  did  take  the  said  oath  or  affirmation. 

Art.  1 1.  After  a  non-commissioned  officer  or  sol¬ 
dier,  shall  have  been  duly  enlisted  and  sworn,  he  shall 
not  be  dismissed  the  service  without  a  discharge  in 


'writing* ;  and  no  discharge  granted  to  him  shall  he 
sufficient,  which  is  not  signed  by  a  field  officer  of  the 
rcgimentto  which  he  belongs,  or  commanding  officer, 
where  no  held  officer  of  the  regiment  is  present ;  and 
no  discharge  shall  be  given  to  a  non-commissioned 
officer  or  soldier,  before  his  term  of  service  has  ex¬ 
pired,  but  by  order  of  the  President,  the  secretary  of 
wrar,  the  commanding  officer  of  a  department,  or  the 
sentence  of  a  general  court  martial ;  nor  shall  a  com  ¬ 
missioned  officer  be  discharged  the  service, but  by  or¬ 
der  of  the  President  of  the  United  States,  or  by  sen¬ 
tence  of  a  general  court  martial. 

Art.  12.  Every  colonel,  or  other  officer  command¬ 
ing  a  regiment,  troop,  or  company,  and  actually  quar¬ 
tered  with  it,  may  give  furloughs  to  non-commission¬ 
ed  officers  or  soldiers,  in  such  numbers,  and  for  so  long 
a  time  as  he  shall  judge  to  he  most  consistent  with  the 
good  of  the  service  ;  and  a  captain  or  other  inferior 
officer  commanding  a  troop  or  company,  or  in  any 
garrison,  fort  or  barrack  of  the  United  States,  (his 
field  officer  being  absent,)  may  give  furloughs  to  non¬ 
commissioned  officers  or  soldiers,  for  a  time  not  ex¬ 
ceeding  twenty  days  in  six  months,  but  not  to  more 
than  two  persons  to  be  absent  at  the  same  time,  ex¬ 
cepting  some  extraordinary  occasion  should  require  it. 

Art.  13.  At  every  muster,  the  commanding  officer 
of  each  regiment,  troop,  or  company  there  present, 
shall  give  to  the  commissary  of  musters,  or  other  of¬ 
ficer  who  musters  the  said  regiment,  troop,  or  com¬ 
pany,  certificates  signed  by  himself,  signifying  how 
long  such  officers,  as  shall  not  appear  at  the  said  mus¬ 
ter,  have  been  absent,  and  the  reason  of  their  ab¬ 
sence.  In  like  manner,  the  commanding  officer  of 
every  troop,  or  company,  shall  give  certificates,  sig¬ 
nifying  the  reasons  of  the  absence  of  the  non-com¬ 
missioned  officers  and  private  soldiers,  which  rea¬ 
sons,  and  time  of  absence,  shall  be  inserted  in  the 
muster-rolls  opposite  the  name  of  the  respective 
absent  officers  and  soldiers.  The  certificates  shall, 


17 


together  with  the  muster-rolls,  be  remitted  by  the 
commissary  of  musters,  or  other  officer  mustering*,  to 
the  department  of  war  as  speedily  as  the  distance  ol 
the  place  will  admit. 

Art.  14.  Every  officer  who  shall  be  convicted, 
before  a  general  court  martial,  of  having  signed  a 
false  certificate,  relating  to  the  absence  of  either 
officer  or  private  soldier,  or  relative  to  his  or  their 
pay,  shall  be  cashiered. 

Art.  15.  Every  officer  who  shall  knowingly  make 
a  false  muster  of  man  or  horse,  and  every  officer  or 
commissary  of  musters,  who  shall  willingly  sign, 
direct  or  allow  the  signing  of  muster-rolls,  wherein, 
such  false  muster  is  contained,  shall,  upon  proof  made 
thereof  by  two  witnesses,  before  a  general  court  mar¬ 
tial,  be  cashiered,  and  shall  be  thereby  utterly  disabled 
to  have  or  hold  any  office  or  employment  in  the  ser¬ 
vice  of  the  United  States. 

Art.  16.  Any  commissary  of  musters  or  other 
officer,  who  shall  be  convicted  of  having  taken  money 
or  other  thing,  by  way  of  gratification,  on  the  mus¬ 
tering  any  regiment,  troop,  or  company,  or  on  signing 
muster-  rolls,  shall  be  displaced  from  his  office,  and 
shall  be  thereby  utterly  disabled  to  have  or  hold  any 
office  or  employment  in  the  service  of  the  United 
States. 

Art.  17.  Any  officer  who  shall  presume  to  muster 
a  person  as  a  soldier,  who  is  not  a  soldier,  shall  be 
deemed  guilty  of  having  made  a  false  muster,  and 
shall  suffer  accordingly. 

Art.  18.  Every  officer  who  shall  knowingly  make 
a  false  return  to  the  department  of  war,  or  to  any  of 
his  superior  officers,  authorized  to  call  for  such  re¬ 
turns,  of  the  state  of  the  regiment,  troop,  or  company, 
or  garrison,  under  his  command  ;  or  of  the  arms, 
ammunition,  clothing,  or  other  stores  thereunto  be¬ 
longing,  shall,  on  conviction  thereof  before  a  court 
martial,  be  cashiered. 

Art.  19.  The  commanding  officer  of  every  re gi« 

B  2 


18 

•  •  •  • 

mcnt,  troop,  or  independent  company,  or  garrison  of 
the  United  States,  shall,  in  the  beginning  of  every 
month,  remit  through  the  proper  channels.,  to  the 
department  of  war,  an  exact  return  of  the  regiment, 
troop,  independent  company,  or  garrison,  under  his 
command,  specifying  the  names  of  officers  then  ab¬ 
sent  from  their  posts,  and  the  reasons  for,  and  the 
time  of  their  absence.  And  any  officer  who  shall 
be  convicted  of  having,  through  neglect  or  design, 
omitted  sending  such  returns,  shall  be  punished  ac¬ 
cording  to  the  nature  of  his  crime,  by  the  judgment 
of  a  general  court  martial. 

Art.  20.  All  officers  and  soldiers,  who  have  re¬ 
ceived  pay,  or  have  been  duly  enlisted  in  the  service 
oi  the  United  States,  and  shall  be  convicted  of  having 
deserted  the  same,  shall  suffer  death,  or  such  other 
punishment  as  by  sentence  of  a  court  martial  shall 
be  inflicted. 

Art.  21.  Any  non-commissioned  officer  or  soldier, 
who  shall,  without  leave  from  his  commanding  officer, 
absent  himself  from  his  troop,  company,,  or  detach¬ 
ment,  shall, upon  being  convicted  thereof, be  punished 
according  to  the  nature  of  his  offence,  at  the  discre¬ 
tion  of  a  court  martial. 

Art.  22.  No  non-commissioned  officer  or  soldier, 
shall  enlist  himself  in  any  other  regiment,  troop,  or 
company,  without  a  regular  discharge  from  the  regi¬ 
ment,  troop,  or  company,  in  which  he  last  served,  on 
the  penalty  of  being  reputed  a  deserter,  and  suffering 
accordingly.  And  in  case  any  officer  shall  knowingly 
receive  and  entertain  such  non-commissioned  officer 
or  soldier,  or  shall  not,  after  his  being  discovered  to 
be  a  deserter,  immediately  confine  him,  and  give 
notice  thereof  to  the  corps  in  which  he  last  served, 
the  said  officer  shall  by  a  court  martial  be  cashiered. 

Art.  23.  Any  officer  or  soldier,  who  shall  be  con¬ 
victed  of  having  advised  or  persuaded  any  other 
officer  or  soldier,  to  desert  the  service  of  the  United 
States,  skall  suffer  death,  or  such  other  punishment 


19 

•  •  •  • 

as  shall  be  inflicted  upon  him  by  the  sentence  of  a 
court  martial. 

Art.  24.  No  officer  or  soldier  shall  use  any  re¬ 
proachful  or  provoking  speeches  or  gestures  to 
another,  upon  pain,  if  an  officer,  of  being  put  in  ar¬ 
rest  ;  if  a  soldier,  confined,  and  of  asking  pardon  of 
the  party  offended,  in  the  presence  of  his  commanding 
officer. 

Art.  25.  No  officer  or  soldier,  shall  send  a  chal¬ 
lenge  to  another  officer  or  soldier,  to  fight  a  due],  or 
accept  a  challenge,  if  sent,  upon  pain,  if  a  commis¬ 
sioned  officer,  of  being  cashiered  ;  if  a  non-com¬ 
missioned  officer  or  soldier,  of  suffering  corporal 
punishment  at  the  discretion  of  a  court  martial. 

Art.  26.  If  any  commissioned  or  non-commission¬ 
ed  officer  commanding  a  guard,  shall  knowingly  or 
willingly  suffer  any  person  whatsoever  to  go  forth  to 
fight  a  duel,  he  shall  be  punished  as  a  challenger  ; 
and  all  seconds,  promoters  and  carriers  of  challenges, 
in  order  to  duels,  shall  be  deemed  principals,  and  be 
punished  accordingly.  And  it  shall  be  the  duty  of 
every  officer  commanding  an  army,  regiment,  com¬ 
pany,  post  or  detachment,  who  is  knowing  to  a 
challenge  being  given,  or  accepted,  by  any  officer, 
non-commissioned  officer,  or  soldier,  under  his  com¬ 
mand,  or  has  reason  to  believe  the  same  to  be  the 
ease,  immediately  to-  arrest  and  bring  to  trial  such 
offenders. 

Art.  27.  All  officers,  of  what  condition  soever, 
have  power  to  part  and  quell  all  quarrels,  frays,  and 
disorders,  though  the  persons  concerned  should 
belong  to  another  regiment,  troop,  or  company  :  and 
either  to  order  officers  into  arrest,  or  non-commis¬ 
sioned  officers  or  soldiers  into  confinement,  until 
their  proper  superior  officers  shall  be  acquainted 
therewith  ;  and  whosoever  shall  refuse  to  obey  such 
officer  (though  of  an  inferior  rank)  or  shall  draw  his 
sword  upon  him,  shall  be  punished  at  the  discretion 
of  a  general  court  martial. 


Art.  28.  Any  officer  or  soldier,  who  shall  upbraid 
another  for  refusing  a  challenge,  shall  himself  be 
punished  as  a  challenger  ;  and  all  officers  and  sol¬ 
diers  are  hereby  discharged  from  any  disgrace  or 
opinion  of  disadvantage,  which  might  arise  from  their 
having  refused  to  accept  of  challenges,  as  they  will 
only  have  acted  in  obedience  to  the  laws,  and  done 
their  duty  as  good  soldiers,  who  subject  themselves 
to  discipline. 

Art.  29.  No  suttler  shall  be  permitted  to  sell  any 
kind  of  liquors  or  victuals,  or  to  keep  their  houses  or 
shops  open  for  the  entertainment  of  soldiers,  after 
nine  at  night,  or  before  the  beating  of  the  reveilles, 
or  upon  Sundays,  during  divine  service  or  sermon, 
on  the  penalty  of  being  dismissed  from  all  future 
suttling. 

Art.  30.  All  officers  commanding  in  the  field, 
forts,  barracks,  or  garrisons  of  the  United  States,  arc 
hereby  required  to  see  that  the  persons  permitted  to 
suttle,  shall  supply  the  soldiers  with  good  and  whole¬ 
some  provisions,  or  other  articles,  at  a  reasonable 
price,  as  they  shall  be  answerable  for  their  neglect. 

Art.  3  i  No  officer  commanding  in  any  of  the  gar¬ 
risons,  forts  or  barracks  of  the  United  States,  shall 
exact  exorbitant  prices  for  houses  or  stalls  let  out  to 
settlers,  or  connive  at  the  like  exactions  in  others  ; 
nor  by  his  own  authority,  and  for  his  private  advan¬ 
tage,  iay  any  duty  or  imposition  upon,  or  be  interested 
in  the  sale  of  any  victuals,  liquors,  or  other  necessa¬ 
ries  of  life,  brought  into  the  garrison,  fort  or  barracks, 
for  the  use  of  the  soldiers,  on  the  penalty  of  being 
discharged  from  the  service. 

Art.  32.  Every  officer  commanding  in  quarters, 
garrisons,  or  on  the  march,  shall  keep  good  order,  and 
to  the  utmost  of  his  power,  redress  all  abusrs  or  dis¬ 
orders,  which  may  be  committed  by  any  officer  or 
soldier  under  his  command  ;  if  upon  complaint  made 
to  him  of  officers  or  soldiers  beating,  or  otherwise  ill 
treating  any  person,  of  disturbing  fairs  or  market®,  or 


21 

•  •  •  • 

©f  committing'  any  kinds  of  riots,  to  the  disquieting  of 
the  citizens  of  the  United  States,  he,  the  said  com¬ 
mander,  who  shail  refuse  or  omit  to  see  justice  done 
to  the  offender  or  offenders,  and  reparation  made  to 
the  party  or  parties  injured,  as  far  as  part  of  the  offen¬ 
der’s  pay  shall  enable  him  or  them,  shall  upon  proof 
thereof,  be  cashiered  or  punished,  as  a  general  court 
martial  shall  direct. 

Art.  33.  When  any  commissioned  officer  or  soldier, 
shall  be  accused  of  a  capital  crime,  or  of  having  used 
violence,  or  committed  any  offence  against  the  per¬ 
sons  or  property  of  any  citizen  of  any  of  the  United 
States,  such  as  is  punishable  by  the  known  laws  of  the 
land,  the  commanding  officer,  and  officers  of  every 
regiment,  troop  or  company,  to  which  the  person  or 
persons,  so  accused,  shall  belong,  are  hereby  requir¬ 
ed,  upon  application  duly  made  by,  or  in  behalf  of  the 
party  or  parties  injured,  to  use  their  utmost  endeavors 
to  deliver  over  such  accused  person,  or  persons  to 
the  civil  magistrate,  and  likewise  to  be  aiding  and  as¬ 
sisting  to  the  officers  of  justice  in  apprehending  and 
securing  the  person  or  persons  so  accused,  in  order  to 
bring  him  or  them  to  trial.  If  any  commanding  officer 
or  officers,  shall  wilfully  neglect,  or  shall  refuse,  upon 
the  application  aforesaid,  to  deliver  over  such  accused 
person  or  persons,  to  the  civil  magistrates,  or  to  be 
aiding  and  assisting  to  the  officers  of  justice  in  appre¬ 
hending  such  person,  or  persons,  the  officer,  or  of¬ 
ficers,  so  offending,  shall  be  cashiered. 

Art.  34.  If  any  officer  shall  think  himself  wrong¬ 
ed  by  his  colonel,  or  the  commanding  officer  of  the 
regiment,  and  shall,  upon  due  application  being  made 
to  him,  be  refused  redress,  he  may  complain  to  the 
general,  commanding  in  the  state  or  territory  where 
such  regiment  shall  be  stationed,  in  order  to  obtain 
justice  ;  who  is  hereby  required  to  examine  into  the 
said  complaint,  and  take  proper  measures  for  redress¬ 
ing  the  wrong  complained  of,  and  transmit  as  soon  as 
possible,  to  the  department  of  war,  a  true  state  of 
such  complaint,  with  the  proceedings  had  thereon. 


22 

t  •  t  • 

Art,  35.  If  any  inferior  officer  or  soldier,  shall 
think  himself  wronged  by  his  captain,  or  other  officer, 
he  is  to  complain  thereof  to  the  commanding  officer 
of  the  regiment,  who  is  hereby  required  to  summon  a 
regimental  court  martial,  for  the  doing  justice  to  the 
complainant  ;  from  which  regimental  court  martial, 
either  party  may,  if  he  thinks  himself  still  aggrieved, 
appeal  to  a  general  court  martial.  But  if,  upon  a  se¬ 
cond  hearing,  the  appeal  shall  appear  vexatious  and 
groundless,  the  person,  so  appealing,  shall  be  punish¬ 
ed  at  the  discretion  of  the  said  court  martial. 

Art.  36.  Any  commissioned  officer,  store  keeper, 
or  commissary,  who  shall  be  convicted  at  a  general 
court  martial,  of  having  sold,  without  a  proper  order 
for  that  purpose,  embezzled,  misapplied,  or  wilfully, 
or  through  neglect,  suffered  any  of  the  provisions, 
forage,  arms,  clothing,  ammunition,  or  other  military 
stores  belonging  to  the  United  States,  to  be  spoiled, 
or  damaged,  shall,  at  his  own  expense,  make  good 
the  loss  or  damage,  and  shall,  moreover,  forfeit  all  his 
pay,  and  be  dismissed  from  the  service. 

Art.  37.  Any  non-commissioned  officer  or  soldier, 
who  shall  be  convicted,  at  a  regimental  court  mar¬ 
tial,  of  having  sold,  or  designedly,  or  through  neg¬ 
lect,  wasted  the  ammunition  delivered  out  to  him, 
to  be  employed  in  the  service  of  the  United  States, 
shall  be  punished  at  the  discretion  of  such  court. 

Art.  33.  Every  non-commissioned  officer  or  sol¬ 
dier,  who  shall  be  convicted  before  a  court  martial, 
of  having  sold,  lost,  or  spoiled,  through  neglect,  his 
horse,  arms,  clothes,  or  accoutrements,  shall  be  put 
under  such  weekly  stoppages  (not  exceeding  the 
half  of  his  pay)  as  such  court  martial  shall  judge  suf¬ 
ficient,  for  repairing  the  loss  or  damage  ;  and  shall 
suffer  confinement,  or  such  other  corporal  punish¬ 
ment  as  his  crime  shall  deserve. 

Art.  39.  Every  officer,  who  shall  be  convicted 
before  a  court  martial,  of  having  embezzled,  or  mis¬ 
applied  any  money  with  which  he  may  haye  been  en- 


trusted,  for  the  payment  of  the  men  under  his  corn- 
mand,  or  for  enlisting  men  into  the  service,  or  for 
other  purposes,  if  a  commissioned  officer,  shail  be 
cashiered,  and  compelled  to  refund  the  money;  if  a 
non-commissioned  officer,  shall  be  reduced  to  the 
ranks,  be  put  under  stoppages  until  the  money  be  made 
good,  and  suffer  such  corporal  punishment  as  such 
court  martial  shall  direct. 

Art.  40.  Every  captain  of  a  troop,  or  company,  is 
charged  with  the  arms,  accoutrements,  ammunition, 
clothing  or  other  warlike  stores  belonging  to  the 
troop,  or  company  under  his  command,  which  he  is 
to  be  accountable  for  to  his  colonel,  in  case  of  their 
being  lost,  spoiled,  or  damaged,  not  by  unavoidable 
accidents,  or  on  actual  service. 

Art.  41.  All  non-commissioned  officers  and  sol¬ 
diers,  who  shall  be  found  one  mile  from  the  camp, 
without  leave,  in  writing  from  their  commanding  of¬ 
ficer,  shall  suffer  such  punishment  as  shall  be  inflict¬ 
ed  upon  them  by  the  sentence  of  a  court  martial. 

Art.  42.  No  officer  or  soldier  shall  lie  out  of  his 
quarters,  garrison,  or  camp,  without  leave  from  his 
superior  officer,  upon  penalty  of  being  punished  ac¬ 
cording  to  the  nature  of  his  offence,  by  the  sentence 
of  a  court  martial. 

Art.  43.  Every  non-commissioned  officer  and  sol¬ 
dier  shall  retire  to  his  quarters  or  tent,  at  the  beating 
of  the  retreat ;  in  default  of  which  he  shall  be  punish¬ 
ed  according  to  the  nature  of  his  offence. 

Art.  44.  No  officer,  non-commissioned  officer  or 
soldier,  shall  fail  in  repairing,  at  the  time  fixed,  to 
the  place  of  parade,  of  exercise  or  other  rendezvous, 
appointed  by  his  commanding  officer,  if  not  prevent¬ 
ed  by  sickness,  or  some  other  evident  necessity,  or 
shall  go  from  the  said  place  of  rendezvous,  without 
leave  from  his  commanding  officer,  before  he  shall 
be  regularly  dismissed  or  relieved,  on  the  penalty  of 
being  punished  according  to  the  nature  bf  his  offence 
by  the  sentence  of  a  court  martial. 


Art.  45.  Any  commissioned  officer,  who  shall  be 
found  drunk  on  his  guard,  party,  or  other  duty,  shall 
be  cashiered.  Any  non-commissioned  officer  or  soldier 
so  offending,  shall  suffer  such  corporal  punishment  as 
shall  be  inflicted  by  the  sentence  of  a  court  martial. 

Art.  46.  Any  centinel  who  shall  be  found  sleeping* 
upon  his  post,  or  shall  leave  it  before  he  shall  be  regu¬ 
larly  relieved,  shall  suffer  death,  or  such  other  punish¬ 
ment  as  shall  be  inflicted  by  the  sentence  of  a  court 
martial. 

Art.  47.  No  soldier  belonging  to  any  regiment, 
troop,  or  company,  shall  hire  another  to  do  his  duty  for 
him,  or  be  excused  from  duty,  but  in  cases  of  sick¬ 
ness,  disability,  or  leave  of  absence  ;  and  every  such 
soldier  found  guilty  of  hiring  his  duty,  as  also  the  par¬ 
ty  so  hired  to  do  another’s  duty,  shall  be  punished  at 
the  discretion  of  a  regimental  court  martial. 

Art.  48.  And  every  non-commissioned  officer  con¬ 
niving  at  such  hiring  of  duty  aforesaid,  shall  be  re¬ 
duced  ;  and  every  commissioned  officer,  knowing  and 
allowing  such  ill  practices  in  the  service,  shall  be 
punished  by  the  judgment  of  a  general  court  martial. 

Art.  49.  Any  officer  belonging  to  the  service  of  the 
United  States,  who,  by  discharging*  of  fire  arms, 
drawing  of  swords,  beating  of  drums,  or  by  any  other 
means  whatsoever,  shall  occasion  false  alarms,  in  camp, 
garrison,  or  quarters,  shall  suffer  death,  or  such  other 
punishment  as  shall  be  ordered  by  the  sentence  of  a 
general  court  martial. 

Art.  50.  Any  officer  or  soldier,  who  shall,  without 
urgent  necessity,  or  without  the  leave  of  his  superior 
officer,  quit  his  guard,  platoon,  or  division,  shall  be 
punished  according  to  the  nature  of  bis  offence,  by 
the  sentence  of  a  court  martial. 

Art.  51.  No  officer  or  soldier  shall  do  violence  to 
any  person  who  brings  provisions  or  other  necessa¬ 
ries  to  the  camp,  garrison  or  quarters,  of  the  forces  of 
the  United  States,  employed  in  any  parts  out  of  the 
said  states,  upon  pain  of  death,  or  such  other  punish¬ 
ment  as  a  court  martial  shall  direct. 


23 

•  •  •  • 

Art.  52.  Any  officer  or  soldier,  who  shall  misbe¬ 
have  himself  before  the  enemy,  run  away,  or  shame¬ 
fully  abandon  any  fort,  post,  or  guard,  which  he  or 
they  may  be  commanded  to  defend,  or  speak  words 
inducing  others  to  do  the  like  ;  or  shall  cast  away  his 
arms  and  ammunition,  or  who  shall  quit  his  post  or 
colours  to  plunder  and  pillage  ;  every  such  offender 
being  duly  convicted  thereof,  shall  suffer  death,  or 
such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  general  court  martial. 

Art.  53.  Any  person  belonging  to  the  armies  of  the 
United  States,  who  shall  make  known  the  watchr word 
to  any  person  who  is  not  entitled  to  receive  it,  accord¬ 
ing  to  the  rules  and  discipline  of  war,  or  shall  presume 
to  give  a  parole  or  watch-word,  different  from  what 
he  received,  shall  suffer  death,  or  such  other  punish¬ 
ment  as  shall  be  ordered  by  the  sentence  of  a  general 
court  martial. 

Art.  54.  All  officers  and  soldiers  are  to  behave 
themselves  orderly  m  quarters,  and  on  their  march  ; 
and  whosoever  shall  commit  any  waste,  cr  spoil,  eith¬ 
er  in  walks  of  trees,  parks,  warrens,  fish  ponds,  hous¬ 
es,  or  gardens,  cornfields,  enclosures  or  meadows,  or 
shall  maliciously  destroy  any  property  whatsoever, 
belonging  to  the  inhabitants  of  the  United  States,  un¬ 
less  by  order  of  the  then  commander  in  chief  of  the 
armies  of  the  said  states,  shall  (besides  such  penalties 
as  they  are  liable  to  by  law,)  be  punished  according  to 
the  nature  and  degree  of  the  offence,  by  the  judgment 
of  a  regimental  or  general  court  martial. 

Art.  55.  Whosoever,  belonging  to  the  armies  of 
the  United  States,  employed  in  foreign  parts,  shall 
force  a  safeguard,  shall  suffer  death. 

Art.  56.  Whosoever  shall  relieve  the  enemy  with 
money,  victuals  or  ammunition,  or  shah  ki  owinedy 
harbor  or  protect  a  .  enemy,  shall  suffer  death,  ^or 
such  other  punishment  as  shall  be  ordered  by  the  sen¬ 
tence  of  a  court  martial. 

Art.  57.  Whosoever  shall  be  convicted  of  holding 

C 


26 

t  *  •  • 

correspondence  with,  or  giving  intelligence  to  the  en¬ 
emy,  either  directly  or  indirectly,  shall  suffer  death, 
or  such  other  punishment  as  shall  be  ordered  by  the 
sentence  of  a  court  martial. 

Art.  58.  All  public  stores  taken  in  the  enemy’s 
camp,  towns,  forts,  or  magazines,  whether  of  artille¬ 
ry,  ammunition j  clothing,  forage  or  provisions,  shall 
be  secured  for  the  service  of  the  United  States  ;  for 
the  neglect  of  which  the  commanding  officer  is  to  be 
answerable. 

Art.  59.  If  any  commander  of  any  garrison,  for¬ 
tress  or  post,  shall  be  compelled,  by  the  officers  and 
soldiers  under  his  command,  to  give  up  to  the  enemy, 
or  to  abandon  it ;  the  commissioned  officers,  non-com¬ 
missioned  officers,  or  soldiers,  who  shall  be  convicted 
of  having  so  offended,  shall  suffer  death,  or  such  other 
punishment  as  shall  be  inflicted  upon  them  by  the 
sentence  of  a  court  martial. 

Art.  60.  All  suttlcrs  and  retainers  to  the  camp, 
and  all  persons  whatsoever,  serving  with  the  armies 
cf  the  United  States,  in  the  held,  though  not  enlisted 
soldiers,  are  to  be  subject  to  orders,  according  to  the 
rules  and  discipline  of  war. 

Art.  61.  Officers  having  breyetts,  or  commissions, 
of  a  prior  date  to  those  of  the  regiment,  in  which  they 
serve,  may  take  place  in  courts  martial  and  on  de¬ 
tachments,  when  composed  of  different  corps,  accord¬ 
ing  to  the  ranks  given  them  in  their  brevetts,  or  dates 
of  their  former  commissions ;  but  in  the  regiment, 
troop,  or  company,  to  which  such  officers  belong,  they 
shall  do  duty,  and  take  rank,  both  in  courts  martial 
and  on  detachments,  which  shall  be  composed  only  of 
their  own  corps,  according  to  the  commissions  by 
which  they  are  mustered  in  the  said  corps. 

Art.  62.  If  upon  marches,  guards,  or  in  quarters, 
different  corps  of  the  army  shall  happen  to  join,  or  do 
duty  together,  the  officer  highest  in  rank  of  the  line 
of  the  army,  marine  corps,  or  militia,  by  commission 
there,  on  duty,  or  in  quarters,  shall  command  the 


whole,  and  give  orders  for  what  is  needful  to  the  ser¬ 
vice,  unless  otherwise  specially  directed  by  the  Presi¬ 
dent  of  the  United  States,  according  to  the  nature  of 
the  case. 

Art.  63.  The  functions  of  the  engineers  being 
generally  confined  to  the  most  elevated  branch  of  mil¬ 
itary  science,  they  are  not  to  assume,  nor  arc  they 
subject  to  be  ordered  on  any  duty  beyond  the  line  of 
their  immediate  profession,  except  by  the  special  or¬ 
der  of  the  President  of  the  United  States;  but  they 
are  to  receive  every  mark  of  respect,  to  which  their 
rank  in  the  army  may  entitle  them  respectively,  and 
are  liable  to  be  transferred,  at  the  discretion  of  the 
President,  from  one  corps  to  another,  regard  being 
paid  to  rank. 

Art.  64.  General  courts  martial  may  consist  of  any 
number  of  commissioned  officers  from  five  to  thirteen 
inclusively,  but  they  shall  not  consist  of  less  than  thir¬ 
teen,  where  that  number  can  be  convened,  without 
manifest  injury  to  the  service. 

Art.  65.  Any  general  officer  commanding  an  army, 
or  colonel  commanding  a  separate  department,  may 
appoint  general  courts  martial  whenever  necessary. 
But  no  sentence  of  a  court  martial  shall  be  carried  in¬ 
to  execution  until  after  the  whole  proceedings  shall 
have  been  laid  before  the  officer  ordering  the  same, 
or  the  officer  commanding  the  troops  for  the  time  be¬ 
ing  ;  neither  shall  any  sentence  of  a  general  court 
martial,  in  time  of  peace,  extending  to  the  loss  of  life, 
or  the  dismission  of  a  commissioned  officer,  or  which 
shall,  either  in  time  of  peace  or  war,  respecting  a 
general  officer,  be  carried  into  execution,  until  after 
the  whole  proceedings  shall  have  been  transmitted  to 
the  secretary  of  war,  to  be  laid  before  the  President 
of  the  United  States,  for  his  confirmation  or  disappro¬ 
val  and  orders  in  the  case.  All  other  sentences  may 
be  confirmed  and  executed  by  the  officer  ordering  the 
court  to  assemble,  or  the  commanding  officer  for  the 
time  being,  as  the  case  may  be. 


28 


Art.  66.  F.very  officer  commanding  a  regiments 
or  corps,  may  appoint,  for  his  own  regiment  or  corps, 
courts  martial,  to  consist  of  three  commissioned  offi¬ 
cers,  for  the  trial  and  punishment  of  offences  not  ca¬ 
pital,  and  decide  upon  their  sentences.  For  the  same 
purpose  all  officers,  commanding  any  of  the  garrisons, 
forts,  barracks,  or  other  places  where  the  troops  con¬ 
sist  of  different  corps,  may  assemble  courts  martial, 
to  consist  of  three  commissioned  officers,  and  decide 
upon  their  sentences. 

Art.  67.  No  garrison  or  regimental  court  martial 
shall  have  the  power  to  try  capital  cases,  or  commis¬ 
sioned  officers ;  neither  shall  they  inflict  a  fine  ex¬ 
ceeding  one  month’s  pay,  nor  imprison,  nor  put  to 
hard  labor,  any  non-commissioned  officer  or  soldier, 
for  a  longer  time  than  one  month. 

Art.  68.  Whenever  it  may  be  found  convenient 
and  necessary  to  the  public  service,  the  officers  of  the 
marine  shall  be  associated  with  the  officers  of  the 
land  forces,  for  the  purpose  of  holding  courts  martial 
and  trying  offenders  belonging  to  either  ;  and  in  such 
cases  the  orders  of  the  senior  officers  of  either  corps 
who  may  be  present  and  duly  authorized,  shall  be  re¬ 
ceived  and  obeyed. 

Art.  69.  The  judge  advocate  or  some  person  de* 
puted  by  him,  or  by  the  general,  or  officer  command¬ 
ing  the  army,  detachment,  or  garrison,  shall  prose¬ 
cute  in  the  name  of  the  United  States,  but  shall  so 
far  consider  himself  as  counsel  for  the  prisoner,  afteF 
the  said  prisoner  shall  have  made  his  plea,  as  to  ob¬ 
ject  to  any  leading  question  to  any  of  the  witnesses, 
or  any  question  to  the  prisoner,  the  answer  to  which 
might  tend  to  criminate  himself;  and  administer  to 
each  member  of  the  court,  before  they  proceed  upon 
any  trial,  the  following  oath,  which  shall  also  be  ta¬ 
ken  by  all  members  of  the  regimental  and  garrison 
courts  martial. 

“  Yon,  A.  B.  do  swear,  that  you  will  well  and  truly 
try  and  determine,  according  to  evidence,  the  matter 
now  before  you,  between  the  United  States  of  Ameri> 


ea  and  the  prisoner  to  be  tried,  and  that  you  will  duly 
administer  justice,  according*  to  the  provisions  of  “an 
act  establishing  rules  and  articles  for  the  government 
of  the  armies  of  the  United  States,”  without  partiali¬ 
ty,  favor  or  affection  ;  and  if  any  doubt  shall  arise,  not 
explained  by  said  articles,  according  to  your  consci¬ 
ence,  the  best  of  your  understanding,  and  the  custom 
of  war,  in  like  cases  ;  and  you  do  further  swear,  that 
you  will  not  divulge  the  sentence  of  the  court  until  it 
shall  be  published  by  the  proper  authority  ;  neither 
will  you  disclose  or  discover  the  vote  or  opinion  of 
‘any  particular  member  of  the  court  martial ;  unless 
required  to  give  evidence  thereof  as  a  witness,  by  a. 
court  of  justice,  in  a  due  course  of  law.  So  help,  you 
God r 

And  as  soon  as  the  said  oath  shall  have  been  ad¬ 
ministered  to  the  respective  members,  the  president 
of  the  court  shall  administer  to  the  judge  advocate,  or 
person  officiating  as  such,  an  oath  in  the  following 
words  : 

“  You,  A.  B.  do  swear,  that  you  will  not  disclose  or 
discover  the  vote  or  opinion  of  any  particular  mem¬ 
ber  of  the  court  martial,  unless  required  to  give  evi¬ 
dence  thereof  as  a  witness,  by  a  court  of  justice,  in 
due  course  of  law.  Nor  divulge  the  sentence  of  the, 
court  to  any  but  the  proper  authority,  until  it  shall  be. 
duly  disclosed  by  the  same.  So  help  you  God.’3 

Art.  70.  When  any  prisoner  arraigned  before  a 
general  court  martial  shall,  from  obstinate  and  de- 
liberate  design,  stand  mute  or  answer  foreign  to  the 
purpose,  the  court  may  proceed  to  trial  and  judg¬ 
ment  as  if  the  prisoner  had  regularly  pleaded  not 
guilty. 

Aitx.  71.  When  a  member  shall  be  challenged  by 
a  prisoner,  he  must  state  his  cause  of  challenge,  cf 
which  the  court  shall,  after  due  deliberation,  deter¬ 
mine  the  relevancy  or  validity,  and  decide  according¬ 
ly  j  and  no  challenge  to  more  than  one  member  at  a 
time  shall  be  received  by  the  court. 

C  2 


Art.  72.  All  the  members  of  a  court  martial  are 
to  behave  with  decency  and  calmness  ;  and  in  giving 
their  votes,  are  to  begin  with  the  youngest  in  com¬ 
mission. 

Art.  73.  All  persons  who  give  evidence  before  a 
court  martial,  are  to  be  examined  on  oath  or  affirma¬ 
tion  in  the  following  form  : 

“  You  swear,  or  affirm,  (as  the  case  may  be)  the 
evidence  you  shall  give  in  the  cause  now  in  hearing, 
shall  be  the  truth,  the  whole  truth,  and  nothing  but 
the  truth.  So  helfi  you  God.” 

Art.  74.  On  the  trials  of  cases  not  capital,  before 
courts  martial,  the  deposition  of  witnesses  not  in  the 
line  or  staff  of  the  army,  may  be  taken  before  some 
justice  of  the  peace,  and  read  in  evidence  ;  provided, 
the  prosecutor  and  person  accused  are  present  at  the 
taking  the  same,  or  are  duly  notified  thereof. 

Art.  75.  No  officer  shall  be  tried  but  by  a  general 
court  martial,  nor  by  officers  of  inferior  rank,  if  it 
can  be  avoided.  Nor  shall  any  proceedings  or  trials 
be  carried  on  excepting  between  the  hours  of  eight 
in  the  morning  and  three  in  the  afternoon,  excepting 
in  cases  which,  in  the  opinion  of  the  officer  appoint¬ 
ing  the  court  martial,  require  immediate  example. 

Art.  76.  No  person  whatsoever  shall  use  any  me¬ 
nacing  words,  signs,  or  gestures,  in  presence  of  a 
court  martial,  or  shall  cause  any  disorder  or  riot,  or 
disturb  their  proceedings,  on  the  penalty  of  being 
punished  at  the  discretion  of  the  said  court  martial. 

Art.  77.  Whenever  any  officer  shall  be  charged 
with  a  crime,  he  shall  be  arrested  and  confined  in  his 
barracks,  quarters  oi  tent,  and  deprived  of  his  sword, 
by  the  commanding  officer.  And  any  officer  who 
shall  leave  his  confinement  before  he  shall  be  set  at 
liberty  by  his  commanding  officer,  or  by  a  superior 
officer,  shall  be  cashiered. 

Art.  78.  Non-commissioned  officcws_and  soldiers, 
charged  with  crimes,  shall  be  confined  until  tried  by 
a  court  martial,  or  released  by  proper  authority. 


31 

•  •  •  • 

Art.  79.  No  officer  or  soldier  who  shall  be  put  in 
arrest,  shall  continue  in  confinement  more  than  eight 
days,  or  until  such  time  as  a  court  martial  can  be  as¬ 
sembled. 

Art.  80.  No  officer  commanding  a  guard,  or  pro¬ 
vost  martial,  shall  refuse  to  receive  or  keep  any  pris¬ 
oner  committed  to  his  charge  by  an  officer  belonging 
to  the  forces  of  the  United  States  ;  provided  the  offi¬ 
cer  committing  shall,  at  the  same  time,  deliver  an  ac¬ 
count  in  writing,  signed  by  himself,  of  the  crime 
with  which  the  said  prisoner  is  charged. 

Art.  81.  No  officer  commanding  a  guard,  or  pro¬ 
vost  martial,  shall  presume  to  release  any  person 
committed  to  his  charge,  without  proper  authority  for 
so  doing,  nor  shall  he  suffer  any  person  to  escape,  on 
the  penalty  of  being  punished  for  it  by  the  sentence 
of  a  court  martial. 

Art.  82.  Every  officer  or  provost  martial,  to  whose 
charge  prisoners  shall' be  committed,  shall  within 
twenty-four  hours  after  such  commitment,  or  as  soon 
as  he  shall  be  relieved  from  his  guard,  make  report 
in  writing,  to  the  commanding  officer,  of  their  names, 
their  crimes,  and  the  names  of  the  officers  who  com¬ 
mitted  them,  on  the  penalty  of  being  punished  for 
disobedience  or  neglect,  at  the  discretion  of  a  court 
martial. 

Art.  83.  Any  commissioned  officer  convicted  be¬ 
fore  a  general  court  martial  of  conduct  unbecoming 
an  officer  and  a  gentleman,  shall  be  dismissed  the 
service. 

Art.  84.  In  cases  where  a  court  martial  may  think 
it  proper  to  sentence  a  commissioned  officer  to  be 
suspended  from  command,  they  shall  have  power  al¬ 
so  to  suspend  his  pay  and  emoluments  from  the  same 
time  according  to  the  nature  and  heinousness  of  the 
offence. 

Art.  85.  Jn  all  cases  where  a  commissioned  offi¬ 
cer  is  cashiered  for  cowardice  or  fraud,  it  shall  be  ad¬ 
ded  in  the  sentence,  that  the  crime,  name,  and  place 


of  abode,  and  punishment  of  the  delinquent,  be  pub¬ 
lished  in  the  newspapers,  in  and  about  the  camp,  and 
of  the  particular  state  from  which  the  offender  came, 
or  where  he  usually  resides,  after  which  it  shall  be 
deemed  scandalous  for  an  officer  to  associate  with 
him. 

Art.  86.  The  commanding’  officer  of  any  post  or 
detachment,  in  which  there  shall  not  be  a  number  of 
officers  adequate  to  form  a  general  court  martial,  shall 
in  cases  which  require  the  cognizance  of  such  a 
court,  report  to  the  commanding  officer  of  the  de¬ 
partment,  who  shall  order  a  court  to  be  assembled 
at  the  nearest  post  or  detachment,  and  the  party  ac¬ 
cused  with  necessary  witnesses,  to  be  transported  to 
the  place  where  the  said  court  shall  be  assembled. 

Art.  87.  No  person  shall  be  sentenced  to  suffer 
death  but  by  the  concurrence  of  two  thirds  of  a  gene¬ 
ral  court  martial,  nor  except,  in  the  cases  herein  ex¬ 
pressly  mentioned  ;  nor  shall  more  than  fifty  lashes* 
be  inflicted  on  any  offender,  at  the  discretion  of  a 
court  martial  :  and  no  officer,  non-commissioned  offi¬ 
cer,  soldier,  or  follower  of  the  army,  shall  be  tried  a 
second  time  for  the  same  offence. 

Art.  88.  No  person  shall  be  liable  to  be  tided  and 
punished  by  a  general  court  martial  for  any  offence 
which  shall  appear  to  have  been  committed  more 
than  two  years  before  the  issuing  of  the  order  for 
such  trial,  unless  the  person,  by  reason  of  having  ab¬ 
sented  himself,  or  some  other  manifest  impediment, 
shall  not  have  been  amenable  to  justice  within  that 
period. 

Art.  89.  Every  officer  authorized  to  order  a  gene- 
ral 'court  martial,  shall  have  power  to  pardon  or  miti¬ 
gate  any  punishment  ordered  by  such  court,  except 
the  sentence  of  death,  or  of  cashiering  an  officer  ; 
which,  in  the  cases  where  he  lias  authority  (by  article 
65)  to  carry  them  into  execution,  he  may  suspend 

*  Punishment  by  stripes  orlasb.es  not  allowed — see  act  of  con¬ 
gress,  May,  16,  1812. 


33 


until  the.  pleasure  of  the  President  of  the  United 
States  can  be  known ;  which  suspension,  together 
with  copies  of  the  proceedings  of  the  court  martial, 
the  said  officer  shall  immediately  transmit  to  the  Pre- 
sklent  for  his  determination.  And  the  colonel  or 
commanding  officer  of  the  regiment  or  garrison, 
where  any  regimental  or  garrison  court  martial  shall 
be  held,  may  pardon  or  mitigate  any  punishment  or¬ 
dered  by  such  court  to  be  inflicted. 

Art.  90.  Every  judge  advocate,  or  person  officiat¬ 
ing  as  such,  at  any  general  court  martial,  shall  trans¬ 
mit,  with  as  much  expedition  as  the  opportunity  of 
time  and  distance  of  place  can  admit,  the  original 
proceedings  and  sentence  of  such  court  martial,  to 
the  secretary  of  war,  which  said  original  proceedings 
and  sentence  shall  be  carefully  kept  and  preserved  in 
the  office  of  the  said  secretary,  to  the  end  that  the 
persons  entitled  thereto  may  be  enabled,  upon  appli¬ 
cation  to  the  said  office,  to  obtain  copies  thereof. 

The  party  tried  by  any  general  court  martial,  shall 
upon  demand  thereof  made  by  himself,  or  by  any  per¬ 
son  or  persons  in  his  behalf,  be  entitled  to  a  copy  of 
the  sentence  and  proceedings  of  such  court  martial. 

Art.  91.  In  cases  Where  the  general  or  command- 
ing  officer  may  order  a  court  of  inquiry  to  examine 
into  the  nature  of  any  transaction,  accusation  or  im¬ 
putation  against  any  officer  or  soldier,  the  said  court 
shall  consist  of  one  or  more  officers,  not  exceeding 
three,,  and  a  judge  advocate,  or  other  suitable  person 
as  a  recorder,  to  reduce  the  proceedings  and  evi¬ 
dence  to  writing,  all  of  whom  shall  be  sworn  to  the 
faithful  performance  of  their  duty.  This  court  shall 
have  the  same  power  to  summon  witnesses  as  a  court 
martial,  and  to  examine  them  on  oath.  But  they  shall 
not  eive  their  oninion  on  the  merits  of  the  case,  ex- 
cepting  they  shall  be  thereto  specially  required.  The 
parties  accused  shall  also  be* permitted  to  cross  ex¬ 
amine,  and  interrogate  the  witnesses,  so  as  to  investi¬ 
gate  fully  the  -circumstances  in  question, 


34 


Art.  92.  The  proceedings  of  a  court  of  inquiry 
must  be  authenticated  by  the  signature  of  the  recorder 
and  the  president,  and  delivered  to  the  commanding 
officer  ;  and  the  said  proceedings  may  be  admitted  as 
evidence  by  a  court  martial,  in  cases  not  capital,  or 
extending  to  the  dismission  of  an  officer,  provided 
that  the  circumstances  are  such,  that  oral  testimony 
cannot  be  obtained.  But  as  courts  of  inquiry  may  be 
perverted  to  dishonorable  purposes,  and  may  be  com 
sidered  as  engines  of  destruction  to  military  merit, 
in  the  hands  of  weak  and  envious  commandants,  they 
arc  hereby  prohibited,  unless  directed  by  the  Presi¬ 
dent  of  the  United  States,  or  demanded  by  the  ac¬ 
cused. 

Art.  93.  The  judge  advocate,  or  recorder,  shall 
administer  to  the  members  the  following  oath  : 

u  You  shall  well  and  truly  examine  and  inquire,  ac¬ 
cording  to  your  evidence,  into  the  matter  now  before 
you,  without  partiality,  favor,  affection,  prejudice,  or 
hope  of  reward.  So  hclji  you  Gocl.13 

After  which  the  president  shall  administer  to  the 
judge  advocate,  or  recorder,  the  following  oath  : 

“  You,  A.  B.  do  swear,  that  you  will,  according  to 
your  best  abilities,  accurately  and  impartially  record 
the  proceedings  of  the  court,  and  the  evidence  to  be 
given  in  the  case  in  hearing.  So  help,  you  God.13 

The  witnesses  shall  take  the  same  oath  as  witness¬ 
es  sworn  before  a  court  martial. 

Art.  94.  When  any  commissioned  officer  shall 
die,  or  be  killed  in  the  service  of  the  United  States, 
the  major  of  the  regiment,  or  the  officer  doing  the 
major’s  duty  in  his  absence,  or  in  any  post  or  garrison 
the  second  officer  in  command,  or  the  assistant  mili¬ 
tary  agent,  shall  immediately  secure  all  his  effects  or 
equipage  then  in  camp  or  quarters,  and  shall  make 
an  inventory  thereof,  and  forthwith  transmit  the  same 
to  the  office  of  the  department  of  war,  to  the  end, 
that  his  executors  or  administrators  may  receive 
the  same. 


S5 

•  •  •  • 

Art.  95.  When  any  non-commissioned  officer,  or 
soldier,  shall  die,  or  be  killed  in  the  service  of  the 
United  States,  the  then  commanding  officer  of  the 
troop,  or  company,  shall,  in  the  presence  of  two  other 
commissioned  officers,  take  an  account  of  what  effects 
lie  died  possessed  of,  above  his  arms  and  accoutre¬ 
ments,  and  transmit  the  same  to  the  office  of  the  de¬ 
partment  of  war ;  which  said  effects  are  to  be  ac¬ 
counted  for,  and  paid  to  the  representatives  of  such 
deceased  non-commissioned  officer,  or  soldier.  And 
in  case  any  ol  the  officers,  so  authorized  to  take  care 
of  the  effects  of  deceased  officers  and  soldiers,  should 
before  they  have  accounted  to  their  representatives 
for  the  same,  have  occasion  to  leave  the  regiment,  or 
post,  by  preferment,  or  otherwise,  they  shall,  before 
they  be  permitted  to  quit  the  same,  deposit  in  the 
hands  of  the  commanding  officer,  or  of  the  assistant 
military  agent,  all  the  effects  of  such  deceased  non¬ 
commissioned  officers  and  soldiers,  in  order  that  the 
same  may  be  secured  for,  and  paid  to  their  respec¬ 
tive  representatives. 

Art.  96.  All  officers,  conductors,  gunners,  nia- 
trosses,  drivers,  or  other  persons  whatsoever,  receiv¬ 
ing  pay,  or  hire,  in  the  service  of  the  artillery  or  corps 
of  engineers  of  the  United  States,  shall  be  governed 
by  the  aforesaid  rules  and  articles,  and  shall  be  sub¬ 
ject  to  be  tried  by  courts  martial,  in  like  manner 
with  the  officers  and  soldiers  of  the  other  troops  in  the 
service  of  the  United  States. 

Art,  97,  The  officers  and  soldiers  of  any  troops 
whether  militia  or  others,  being  mustered  and  in  pay 
of  the  United  States,  shall,  at  all  times,  and  in  all  pla¬ 
ces,  when  joined,  or  acting  in  conjunction  with  the 
regular  forces  of  the  United  States,  be  governed  by 
these  rules  and  articles  of  war,  and  shall  be  subject 
to  be  tried  by  courts  martial  in  Jike  manner  with  the 
officers  and  soldiers  in  the  regular  forces,  save  only, 
that  such  courts  martial  shall  be  composed  entirely 
of  militia  officers. 


36 

•  •  C  V 

Art*  98.  All  officers,  serving  l  y  commission  from 
the  authority  of  any  particular  state,  shall,  on  all  de¬ 
tachments,  courts  maitiaj,  or  otr.cr  dm*,  wherein 
they  may  be  employed  in  conjunction  with  the  regular 
forces  of  the  United  States,  take  rank,  next  after  all 
officers  of  the  tike  grade  in  said  regular  forces,  not¬ 
withstanding  the  commissions  of  such  militia  or  state 
officers  may  be  elder  than  the  commissions  of  the  of¬ 
ficers  of  the  regular  forces  of  the  United  States. 

Art.  99.  All  crimes  not  capital,  and  ail  disorders 
and  neglects  which  officers  and  soldiers  may  be  guil¬ 
ty  of,  to  the  prejudice  of  good  order  and  military  dis¬ 
cipline,  though  not  mentioned  in  tire  foregoing  arti¬ 
cles  of  war,  are  to  be  taken  cognizance  of  by  a  gene¬ 
ral  or  regimental  court  martial,  according  to  the  na¬ 
ture  and  degree  of  the  offence,  and  be  punished  at 
their  discretion. 

Art.  100.  The  President  of  the  United  States, 
shall  have  power  to  prescribe  the  uniform  of  the 
army. 

Art.  101.  The  foregoing  articles  are  to  be  read 
and  published  once  in  every  six  months,  to  every  gar¬ 
rison,  regiment,  troop  or  company,  mustered  or  to  be 
mustered  in  the  service  of  the  United  States,  and  are 
to  be  duly  observed  and  obeyed,  by  all  officers  and 
soldiers  who  are  or  shall  be  in  said  service. 

Sec.  2.  And  be  it  further  enacted ,  That  in  time  of 
war,  ail  persons  not  citizens  of,  or  owing  allegiance 
to  the  United  States  of  America,  who  shall  be  found 
lurking  as  spies,  in  or  about  the  fortifications  or  en¬ 
campments  of  the  armies  of  the  United  States,  or 
any  of  them,  shall  suffer  death,  according  to  the  law 
and  usage  of  nations,  by  sentence  of  a  general  court 
martial. 

Sec.  3.  And  be  it  further  enacted ,  That  the  rules 
and.  regulations,  by  which  the  armies  of  the  United 
States  have  heretofore  been  governed,  and  the  re¬ 
solves  of  Congress  thereunto  annexed,  and  respect¬ 
ing  the  same,  shall,  henceforth,  be  void  and  of  no  ef- 


57 

•  •  •  • 

feet,  except  so  far  as  may  relate  to  any  transactions 
under  them,  prior  to  the  promulgation  of  this  act,  at 
the  several  posts  and  garrisons  respectively,  occupied 
by  any  part  of  the  army  of  the  United  States. 

NATHL.  MACON, 
Speaker  of  the  House  of  Representatives. 

S.  SMITH, 

President  of  the  Senate ,  pro  tempore. 

April  10,  1806. 

Approved,  TH :  JEFFERSON. 

RECITATIONS 

Of  the  War  Department,  to  be  observed  in  the  allow* 
ance  of  barracks  or  quarters  to  the  officers  of  the 
army. 

To  a  major  general,  four  rooms  and  a  kitchen. 

To  a  brigadier  general,  three  rooms  and  a  kitchen. 
To  an  aid  de  camp,  one  room. 

To  the  adjutant  general  and  inspector  general, 
each,  three  rooms  and  a  kitchen. 

To  the  quarter  master  general,  three  rooms  and  a 
kitchen  ;  and  for  his  officers  and  clerks,  two  rooms. 

To  each  field  officer,  two  rooms  and  a  kitchen. 

To  a  hospital  surgeon,  the  same. 

To  the  adjutant  and  inspector,  in  addition  to  his  al¬ 
lowance  as  a  field  officer,  one  room. 

To  each  captain,  one  room;  when  commanding  a 
.separate  post,  in  addition,  a  kitchen. 

To  a  surgeon,  one  room. 

To  two  subalterns,  one  room. 

To  a  surgeon’s  mate,  the  same  as  a  subaltern. 

To  a  subaltern,  when  commanding  a  separate  post, 
in  addition,  a  kitchen. 

To  every  mess  of  eight  officers,  one  room  and  a 
kitchen. 

The  officer  highest  in  rank,  to  haye  the  first  choice 
of  quarters. 


D 


38 

•  •  •  • 

The  foregoing  regulations  to  apply  respectively  to 
all  corps,  of  whatever  denomination,  belonging  to  tho 
army  of  the  United  States. 

Regulations  to  be  observed  in  the  delivery  of  fuel  to 
garrisons  on  the  sea  board ,  and  recruiting  parties , 
south  of  Virginia  and  Kentucky,  from  the  first  day 
of  October ,  to  the  first  day  of  April,  in  every  year . 

To  a  major  general,  three  cords  per  month. 

To  a  brigadier  general,  two  cords  and  a  half  per 
month. 

To  the  adjutant  general,  and  inspector  general, 
each,  two  cords  and  a  half  per  month. 

To  the  quarter  master  general,  two  cords  and  a 
half  per  month. 

To  the  adjutant  and  inspector,  two  cords  per 
month. 

To  each  held  officer,  one  and  a  half  cord  ;  and 
Ivhen  commanding  a  garrison,  in  addition,  half  a  cord* 
To  each  captain,  one  cord  ;  and  when  command  ing 
a  garrison,  in  addition,  half  a  cord. 

To  each  subaltern,  one  cord  ;  and  when  command* 
ing  a  garrison,  in  addition,  half  a  cord. 

To  each  surgeon,  one  cord. 

To  a  surgeon’s  mate,  one  cord. 

To  each  cadet,  half  a  cord. 

To  every  officer  commanding  a  recruiting  party, 
one  cord  of  wood  per  month  $  but  no  Other  allowance 
cf  fuel  as  an  officer  in  the  line, 

To  every  room  occupied  as  barracks  by  eight  non* 
commissioned  officers,  musicians  and  privates,  one 
Cord  per  month. 

To  a  garrison  barrack  guard,  one  cord  per  month. 
To  the  sick  in  hospital  the  allowance  of  wood  will 
be  regulated  by  the  commanding  officer  and  surgeon. 

Regulations  for  delivery  of  fuel  north  of  ^Vort /^Caro¬ 
lina  end  Tennessee,  from  the  first  day  of  October ,  t$ 
the  first  day  of  April,  in  each  year. 

To  a  major  general,  five  cords  per  month. 


To  a  brigadier  general,  four  cords  per  month. 

To  the  quarter  master  general,  four  cords  per 
month. 

To  the  inspector  general,  four  cords. 

To  the  adjutant  general,  four  cords. 

To  each  field  officer,  two  cords  ;  and  when  com¬ 
manding  a  garrison,  in  addition,  one  cord. 

To  the  adjutant  and  inspector,  three  cords. 

To  each  captain,  one  cord  and  a  half  and  when 
commanding  a  garrison,  in  addition,  one  cord. 

To  each  subaltern,  one  cord  and  one  third  ;  when 
commanding  a  garrison,  in  addition,  one  cord. 

To  every  surgeon,  one  cord  and  a  half. 

To  each  surgeon’s  mate,  one  cord  and  one  third. 

To  every  officer  commanding  a  recruiting  pa  rty, 
one  and  a  half  cord  per  month  ;  but  no  other  al¬ 
lowance  of  fuel  as  an  officer  in  the  line. 

To  every  room  occupied  as  barracks  by  eight  non¬ 
commissioned  officers,  musicians  and  privates,  one 
cord  and  a  half  per  month. 

To  a  garrison  barrack  guard,  one  cord  per  month  ; 
and  if  the  weather  should  be  very  severe  it  may  be 
augmented  at  the  discretion  of  the  commanding  offi¬ 
cer,  but  not  beyond  one  cord  in  addition. 

To  the  sick  in  hospital,  the  allowance  of  wood  will 
be  regulated  by  the  commanding  officer  and  surgeon. 

Whenever  coal  can  be  procured,  the  officer  may, 
at  his  option,  receive  coal  in  proportion  to  the  cost  of 
the  wood,  in  lieu  thereof. 

To  officers  and  soldiers  half  of  the  aforesaid  al¬ 
lowances  of  fuel,  from  the  1st  day  of  April  to  the  1st 
day  of  October,  in  every  year. 

No  compensation  in  money  to  be  made  in  lieu  of 
allowances  of  fuel,  nor  is  any  compensation  to  be  re¬ 
ceived  by  or  paid  to  officers  in  lieu  of  quarters  or 
barracks.  < 

Distribution  cf  straw. 

One  truss  of  straw,  weighing  thirty-six  pounds,  is 
allowed  for  each  pallias  for  two  men.  At  the  expira- 


40 

•  •  *  • 

tion  of  sixteen  days,  each  palliass  is  to  be  refreshed 
■with  eight  pounds.  At  the  expiration  of  thirty-two 
days  the  whole  straw  is  to  be  removed,  and  a  fresh 
bedding  of  one  truss  to  be  furnished  ;  and  so  on  every 
•succeeding  period  of  sixteen  and  thirty-two  days. 

The  same  quantity  of  straw*  is  allowed  for  servants, 
cr  batmen,  not  soldiers,  or  for  washer-women,  at¬ 
tached  to  each  company,  in  the  proportion  of  one 
woman  to  every  seventeen  men,  non-commissioned 
officers  and  privates. 

The  straw  is  to  be  changed  for  the  sick  in  hospital 
as  often  as  may  be  deemed  necessary  ;  this  necessity 
to  be  determined  by  the  surgeon,  or  surgeon’s  mate 
in  the  absence  cf  the  surgeon. 

There  shall  be  allowed  to  every  two  men,  when  in 
barracks,  one  bed  sack,  to  be  returned  into  store  on 
,the  men  being  ordered  away. 

Requisitions  for  fuel  and  straw. 

Requisitions  for  wood  or  straw  must  state  the  num¬ 
ber  and  rank  of  the  officers,  the  number  of  the  non¬ 
commissioned  officers  and  privates,  servants  and  bat¬ 
men  not  soldiers,  and  of  washer-women,  for  whom 
demanded,  and  be  certified  by  the  commandant  of  the 
garrison,  or  recruiting  party. 

No  wood  or  straw  shall  be  drawn  for  officers,  or 
wood  or  straw  for  soldiers  whilst  on  furlough  ;  or  any 
allowance  made  to  them  for  the  same. 

Whenever  it  shall  appear  that  more  wood  or  straw 
has  been  drawn  than  there  were  officers,  soldiers,  ser¬ 
vants  or  batmen  not  soldiers,  and  washer-women  ac¬ 
tually  present  and  entitled  thereto,  the  commanding 
officer  signing  such  requisition  shall  be  held  respon¬ 
sible  for  the  value  of  the  article  drawn  beyond  the 
quantity  allowed  by  these  regulations,  and  shall  have 
his  name,  and  the  circumstances  of  the  case,  reported 
to  the  secretary  of  the  department  of  war. 

Requisitions  thus  signed,  and  the  receipts  given  by 
the  officers  to  whom  the  articles  are  delivered  for 


41 

•  •  •  • 

consumption,  shall  be  produced  as  vouchers  by  the 
military,  or  assistant  military  agent,  or  quarter  mas¬ 
ter,  in  the  settlement  of  his  accounts. 

Regulations  respecting  certain  supplies  and  objects  of 
special  and  extra  expense. 

The  military  or  assistant  military  agent,  or  quarter 
master,  where  a  rendezvous  is  opened  in  his  vicinity 
for  the  recruiting  service,  shall  furnish  quarters, 
transportation  forage,  fuel,  straw,  kettles,  tin  pans 
and  stationary.  But  when  an  officer  is  not  within  a 
convenient  distance  of  the  agent,  above  mentioned, 
the  recruiting  officer  shall  supply  the  rendezvous 
with  quarters,  transportation,  forage,  fuel,  straw,  ket¬ 
tles,  tin  pans  and  stationary  ;  governing  himself  as  to 
quantity  by  the  regulation  on  the  subject,  and  taking 
duplicate  receipts  of  every  article  of  expenditure. 

To  all  horses  in  actual  service,  there  shall  be  al¬ 
lowed  as  forage  1 4  pounds  of  hay  and  1 2  quarts  of 
oats,  or,  in  lieu  of  the  oats,  8  quarts  of  corn. 

There  shall  be  allowed  one  four-horse  waggon  to 
each  company,  or  a  detachment  of  100  recruits,  for 
the  conveyance  of  the  officers’  baggage  and  all  other 
baggage  of  the  company  or  detachment.  There 
shall  be  allowed  to  every  six  men,  one  common  tent, 
one  iron  camp  kettle,  or  pot,  (of  four  gallons)  and 
two  tin  pans ;  and  to  each  company,  four  axes  and 
four  spades.. 

As  often  as  any  matter  which  may  require  any  spe¬ 
cial  or  extra  expense,  can  wait,  without  material  in¬ 
jury  to  the  service,  for  a  communication  to,  and  the 
direction  of  the  secretary  of  war,  or  the  commander 
of  the  army,  or  of  a  military  district,  it  is  not  to  be 
undertaken  until  such  communications  and  directions 
shall  have  been  had. 

The  military  or  assistant  military  agent,  or  quar¬ 
ter  master,  are  primarily  charged  with  making  the 
disbursements  in  the  cases  above  mentioned ;  when 

D  2 


42 


there  is  no  such  officer,  the  agent  of  the  war  de¬ 
partment  shall  do  it.  All  orders  for  such  disburse¬ 
ments,  must  be  definite  and  in  writing,  to  be  transmit¬ 
ted,  with  the  accounts  of  them,  to  the  accountant  of 
the  war  department:  and  all  disbursements  made  in 
pursuance  of  these  regulations,  must  be  substantia¬ 
ted  by  such  vouchers  as  shall  be  prescribed  by  the 
said  accountant. 

The  following  rates  are  to  govern  in  the  allowances  to 
officers  for  the  transportation  of  their  baggage ,  when 
ordered  on  distant  commands  : 


To  a  major  general,  1250  lbs. 

at  S  2  per  100  lbs.  per  100  miles. 

To  a  brigadier  general,  adjutant  general, 
inspector  general,  or  quarter  master 


general,  1000 

To  a  colonel,  750 

To  a  hospital  surgeon,  750 

To  a  lieutenant  colonel,  600 

To  a  major,  500 

To  a  captain,  400 

To  a  surgeon,  400 

To  a  subaltern,  300 

To  a  surgeon’s  mate,  •  300 

To  a  cadet,  200 


The  most  direct  post-route  will  regulate  the  dis¬ 
tance,  for  the  amount  of  transportation,  whether  per¬ 
formed  by  land  or  water,  unless  public  transportation 
is  furnished. 

To  every  officer  ordered  on  general  courts  martial, 
cr  temporary  commands,  or  on  other  duties  on  the 
sea  board  or  in  the  Atlantic  states,  there  will  be  al¬ 
lowed  him,  if  he  so  elect,  in  lieu  of  the  transporta¬ 
tion  of  his  baggage,  his  stage  hire.  It  must  be  un¬ 
derstood  that  no  delay  is  to  be  made  on  the  road. 
Either  receipts  from  the  stage  offices,  or  certificates 
on  honor  of  the  performance  of  the  duty,  must  be 
produced. 


43 

•  »  •  « 

A  farther  allowance  to  officers  ordered  on  general 
courts  martial  and  temporary  command,  or  other 
duty,  of  one  dollar  and  twenty-five  cents  per  day  to 
officers  who  are  not  entitled  to  forage,  and  one  dol¬ 
lar  per  day  to  such  as  shall  be  entitled  to  forage, 
agreeably  to  the  twenty-second  section  of  the  act 
fixing  the  military  peace  establishment.  As  a  vouch¬ 
er  for  the  number  of  days  an  officer  did  sit  on  a  gene¬ 
ral  court  martial,  he  must  produce  the  certificate  of 
the  president,  or  judge  advocate  of  the  court. 

Ordinance  regulating  and  ascertaining  the  quantities 

of  stationary  which  each  officer  serving  in  the  army 

of  the  United  States  shall  be  entitled  to  receive  an¬ 
nually. 

To  every  officer  commanding  a  separate  post,  the 
garrison  of  which  shall  consist  of  no  more  than  two 
companies,  twelve  quires  of  writing  paper,  and  one 
blank  book  of  one  quire  of  paper. 

To  every  officer  commanding  a  separate  post,  the 
garrison  of  which  shall  consist  of  more  than  two^ 
and  not  more  than  five  companies,  twenty-four  quires 
of  paper,  and  a  blank  book  containing  two  quires  of 
paper. 

To  a  major  general,  thirty-six  quires  of  paper,  and 
three  blank  books,  each  of  three  quires. 

To  a  brigadier  general,  twenty-four  quires  of  pa¬ 
per,  and  two  blank  books,  each  of  three  quires. 

To  the  quarter  master  general,  adjutant  general, 
inspector  general,  and  adjutant  and  inspector  of  the 
army,  each,  the  stationary  necessary  in  their  respec¬ 
tive  departments. 

To  a  colonel  eighteen  quires  of  paper,  and  a  blank 
book  of  three  quires. 

To  a  lieutenant  colonel,  twelve  quires  of  paper, 
and  a  blank  book  of  two  quires. 

For  the  use  of  every  military  company,  whether  in 
garrison  or  otherwise,  twelve  quires  of  paper,  and  & 
blank  book  containing  two  quires  of  paper. 


44 


For  the  use  of  every  other  commissioned  officer  in 
the  army  of  the  United  States,  two  quires  of  letter 
paper,  with  a  proportionate  allowance  of  ink,  quills 
and  wafers. 

For  the  use  of  the  assistant  military  agent  or  quar¬ 
ter  master,  at  every  separate  post,  one  blank  book 
containing  two  quires  of  paper. 

For  the  use  of  every  officer,  and  garrison,  a  propor¬ 
tion  of  other  stationary,  at  the  rate  of  a  dozen  quills 
and  as  many  wafers  to  each  quire  of  paper ;  and  a 
paper  of  ink-powderto  each  six  quires. 

Regulations  respecting  extra  pay  and  allowance  to 

soldiers ,  when  ordered  on  constant  labor  for  a  term 

not  less  than  ten  days. 

The  non-commissioned  officers  and  privates,  who 
may  be  drawn  as  artificers  to  work  constantly  on  for¬ 
tifications,  bridges,  barracks,  roads,  or  other  public 
works,  for  a  term  not  less  than  ten  days,  Sundays  ex¬ 
cepted,  shall  be  allowed,  for  each  day’s  actual  labor, 
fourteen  cents  and  one  gill  of  spirits  each,  in  addition 
to  their  pay  and  rations. 

Other  non-commissioned  officers  and  privates,  not 
artificers,  who  shall  be  drawn  for  constant  labor  on 
fortifications,  roads,  bridges,  barracks,  or  other  pub¬ 
lic  works,  for  a  term  not  less  than  ten  days,  Sundays 
excepted,  shall  be  allowed  for  each  day’s  actual  labor, 
ten  cents  and  one  gill  of  spirits  each,  in  addition  to 
their  pay  and  rations. 

It  shall  be  the  duty  of  the  officer  commanding  any 
such  working  party,  to  have  a  regular  account  kept, 
under  his  inspection,  of  every  day’s  work  performed 
by  each  non-commissioned  officer  or  private  ;  and  to 
transmit  or  deliver,  monthly,  a  fair  copy  thereof  to 
the  military  or  assistant  military  agent  of  the  district 
or  post  in  which  the  labor  may  be  performed  ;  which 
military  or  assistant  military  agent  will  pay,  from  the 
money  in  his  hands,  or  will  draw  the  money  on  the 
said  abstracts,  and  pay  the  non-commissioned  officers 
and  privates  conformably  Herewith. 


It  is  to  be  understood,  that  the  extra  daily  pay  and 
allowance  is  only  to  be  given  for  actual  days’  work, 
and  not  to  be  granted  when  from  sickness,  or  other 
causes,  the  work  shall  not  actually  be  performed. 

Regulations  respecting  the  employment  of  physicians. 

In  future,  no  surgeon,  surgeon’s  mate  or  physician, 
not  holding  an  appointment  in  the  army  of  the  United 
States,  is  to  be  employed  on  public  account,  by  any 
officer  or  other  person  whatever,  to  act  in  the  capacity 
of  surgeon,  or  surgeon’s  mate,  or  physician,  for  any 
man  or  men  attached  to  the  army,  unless  by  special 
agreement  first  entered  into,  in  which  the  compensa¬ 
tion  for  medical  service  to  be  performed,  shall  be 
stipulated  in  writing,  either  by  the  day  or  month. 

When  the  services  required  shall  be  such  as  not  to 
exceed  the  usual  duties,  of  a  surgeon’s  mate,  the  com¬ 
pensation  per  month  shall  not  exceed  the  pay  and 
emoluments  of  a  surgeon’s  mate. 

For  any  number  of  men  not  exceeding  thirty,  the 
compensation  should  not  exceed  the  rate  of  three 
hundred  dollars  a  year  inclusive  of  medicine. 

In  no  instance,  (extraordinary  eases  excepted) 
should  the  compensation  for  medical  assistance,  for  a 
shorter  period  than  one  month,  exceed  the  rate  of  four 
dollars  per  day,  exclusive  of  medicine.  Charges  for 
medical  services,  will  require  certificates  of  their 
having  been  performed  agreeably  thereto. 

Regulations  respecting  returns  of  clothing. 

It  shall  be  the  duty  of  the  commanding  officers  of 
companies  to  make  out  in  December,  in  each  year, 
correct  returns  for  the  clothing  necessary  for  their 
respective  companies  for  the  succeeding  year,  includ¬ 
ing  what  is  on  hand  lit  for  service  ;  also,  correct  re¬ 
turns  of  all  clothing  on  hand,  noting  such  as  is  fit  for 
use.  The  said  returns  to  be  forwarded,  annually  by 
the  first  day  of  January,  to  the  department  of  war, 


through  the  commanding  officer  of  the  military  post, 
garrison  or  encampment,  at  which  the  officer,  making 
the  return,  is  stationed.  The  commanding  officers 
of  companies  shall  be  responsible  for  the  correctness 
of  their  respective  returns. 

Regulations  respecting  salutes. 

The  national  salute  shall  be  conformable  to  the 
number  of  states  recognized  by  congress,  now  eigh¬ 
teen  . 

A  national  salute  shall  be  fired  on  a  visit  to  the  post 
from  the  President  of  the  United  States,  on  his  land¬ 
ing  and  leaving,  and  to  no  other  person. 

Fifteen  guns  shall  be  fired  on  a  visit  from  the  vice- 
president,  the  governor  of  a  state,  (not  a  territory,) 
the  secretary  of  war,  secretary  of  the  navy,  a  com¬ 
mittee  of  congress,  or  a  major  general  of  the  army 
on  their  landing  ;  and  thirteen  guns  may  be  fired  to  a 
general  officer  when  inspecting  the  posts  of  his  dis¬ 
trict  ;  no  other  rank  in  the  army  shall  be  entitled  to 
a  salute.  Previous  notice  must  be  given  to  the  com¬ 
manding  officer  of  the  post  for  the  salute  to  be  fired. 

No  salutes  shall  be  fired  to  foreign  ships  or  vessels 
of  war  but  in  return,  and  in  every  case  their  salute 
shall  be  returned  gun  for  gun,  notice  being  given. 

No  salutes  shall  be  fired  to  public  armed  vessels  of 
the  United  States  under  the  rate  of  a  frigate,  and  then 
only  in  return,  the  same  number  of  guns,  notice  be¬ 
ing  given. 

Each  military  post  on  the  sea  board  will  fire,  at 
sun  rise,  on  the  morning  of  the  fourth  of  July,  a  salute 
of  thirteen  guns,  emblematical  of  the  thirteen  states, 
which  were  declared  independent ;  and  at  one  o’clock 
of  the  same  day,  a,  national  salute  will  be  fired  from 
ail  the  military  posts  and  forts  in  the  United  States. 

Salutes  from  the  forts  at  the  several  posts  and  in 
the  harbors  shall,  ?„s  a  general  rule,  be  from  six  to 
twelve  pounders,  and  of  no  higher  caliber. 

A  gun,  not  exceeding  a  six  pounder,  may  be  fired 
at  day  light,  each  morning,  at  the  following  posts,  viz. 


Fort  Preble,  Portland ;  Fort  Constitution,  Ports¬ 
mouth,  New-Hampshirc ;  Fort  Independence,  Bos¬ 
ton  harbor;  Fort  Wolcott,  Rhode-Island  ;  Fort  Co¬ 
lumbus,  New-York;  Fort  Mifflin,  Delaware;  Fort 
M’Henry,  Baltimore;  Fort  Nelson,  Norfolk;  Fort 
Johnson,  South-Carolina  ;  and  Fort  St.  Charles,  New- 
Orleans. 

Rules  adopted  by  the  President  of  the  United  States^ 
respecting  promotions  in  the  army. 

Promotions  in  the  army  of  the  United  States  shall 
hereafter  be  made  agreeably  to  the  regulations  in 
force  previous  to  those  of  the  3d  of  September,  1799, 
which  were  promulgated  in  general  orders,  dated  9th 
of  that  month. 

Promotions  to  the  rank  of  captain  shall  be  made  re- 
gimentally  ;  and  to  the  rank  of  colonel,  in  the  lines  of 
artillery  and  infantry,  respectively  ;  the  three  differ¬ 
ent  establishments  being  kept  distinct. 

The  officer  next  in  rank  will,  on  the  happening  of 
a  vacancy,  be  considered,  in  ordinary  cases,  as  the 
proper  person  to  fill  the  same  ;  but  this  rule  may  be 
subject  to  exceptions  in  extraordinary  cases. 

The  above  rules  fm  promotions  in  the  infantry  and 
artillery,  are  applicable  to  the  cavalry  and  riflemen. 

No  officer  will  consider  himself  as  filling  a  vacan¬ 
cy,  until  he  receives  notice  thereof  through  the  de= 
partment  of  war. 


ADJUTANT  GENERAL’S  OFFICE, 

Washington^  May  4,  1812. 

Regulation  of  the  duties  of  the  general  staff. 

THE  duties  of  the  general  staff  are  distributed  a- 
mong  the  inspector  general,  the  adjutant  general,  the 
quarter  master  general,  the  superior  officer  of  artille¬ 
ry,  the  superior  officer  of  engineers,  and  the  superior 
surgeon  of  the  army. 


48 


M  • 

It  will  be  the  duty  of  the  inspector  general  to  orga* 
nize  the  army;  to  superintend  and  enforce  discipline ; 
to  visit  and  inspect  camps,  cantonments,  quarters, 
prisons,  places  of  arms,  and  hospitals  ;  to  make  stat¬ 
ed  and  unexpected  inspections  of  troops,  arms,  equi¬ 
page,  clothing,  ammunition,  and  horses  ;  to  make  in¬ 
spection  returns,  and  confidential  reports  relative  to 
the  state  and  discipline  of  the  army  ;  to  designate  men 
and  horses  unfit  for  service,  or  the  fatigues  of  war, 
that  the  former  may  be  discharged,  or  sent  to  garri¬ 
sons,  and  the  latter  sold  ;  to  examine  the  books  of  the 
quarter  masters,  pay  masters,  and  companies,  and 
ascertain  the  balances  ;  to  receive  inspection  returns 
and  confidential  reports ;  and  to  prescribe  forms  of 
returns  exhibiting  all  the  wants  of  the  army. 

It  will  be  the  duty  of  the  adjutant  general  to  form 
all  orders  given  by  the  commanding  general  in  a 
perspicuous  maimer ;  to  forward  them  with  despatch ; 
to  publish  the  decisions  on  the  sentences  of  general 
courts  martial ;  to  make  out  all  details  for  the  distri¬ 
bution  of  service,  equally,  between  the  different  corps 
of  the  army;  to  receive  the  daily  and  monthly  re¬ 
turns,  and  lay  abstracts  before  the  commanding  gene¬ 
ral  ;  to  draw  up  instructions  ;  to  furnish  watch¬ 
words  ;  to  give  form  to  the  correspondence  with 
the  secretary  of  war,  generals,  and  staff  officers  ;  to 
receive  all  applications  for  furloughs,  and  other  par¬ 
ticular  requests  ;  to  correspond  with  relations  of  sol¬ 
diers  ;  to  preserve  orders,  instructions,  printed  docu¬ 
ments,  and  letters ;  to  make  the  monthly  return  of 
the  arrnv  ;  and  to  prescribe  forms  of  the  returns  ex¬ 
hibiting  the  strength  of  corps. 

It  will  be  the  duty  of  the  quarter  master  general  to 
purchase  military  stores,  camp  equipage,  and  other 
articles  requisite  for  the  troops,  when  thereto  direct¬ 
ed  by  the  secretary  at  war ;  to  procure  and  provide 
means  of  transport  for  the  army,  its  stores,  artillery, 
and  camp  equipage ;  to  ensure  a  supply  of  provis¬ 
ions,  and  a  regular  distribution  thereof  to  the  troops  ; 


- 


49 


to  provide  artificers  and  laborers  for  the  public 
works  ;  to  direct  marches,  and  the  laying  out  of  en« 
campments  ;  to  regulate  foraging  ;  to  procure  intel¬ 
ligence,  and  make  secret  disbursements  to  spies  and 
guides  ;  to  license  and  regulate  suttlers  at  head  quar¬ 
ters  ;  to  make  all  disbursements  for  the  public  ser¬ 
vice  ;  and  when  the  army  goes  into  quarters,  he  dis¬ 
tributes  them,  so  that  every  officer  may  be  convenient 
to  his  command,  and  that  the  highest  rank  may  have 
the  choice  of  quarters. 

The  superior  officer  of  artillery  will  be  charged 
with  whatsoever  relates  to  the  artillery,  the  park, 
laboratory,  tools,  and  ammunition. 

The  superior  officer  of  engineers  will  be  charged 
with  the  department  of  topography  ;  to  draw  plans 
of  all  kinds  ;  to  trace  routes  ;  to  direct  the  formation  of 
roads  and  bridges ;  to  direct  the  erection  of  fortifica¬ 
tions  and  public  works  ;  to  keep  a  roll  of  the  laborers 
employed  ;  to  superintend  the  trenches  at  sieges  ;  to 
select  the  posts  which  are  to  cover  and  protect  the 
camp  ;  and  to  make  such  professional  reports  and 
estimates  as  may  be  required  by  the  commanding 
general. 

The  superior  surgeon  of  the  army  is  charged  with 
what  relates  to  the  preservation  of  its  health  ;  to  en¬ 
sure  the  necessary  supply  of  medicines  and  instru¬ 
ments  ;  to  establish  stationary  and  moveable  hospi¬ 
tals  ;  and  to  have  all  things  necessary  for  the  wound¬ 
ed  in  complete  readiness. 

It  will  be  the  duty  of  each  principal  officer  of  the 
staff,  to  accompany  the  commanding  general  in  his 
/econnoitering  excursions,  circuits,  and  reviews  ;  and 
in  action,  he  shall  be  attended  by  the  inspector  gene¬ 
ral,  adjutant  general,  and  quartermaster  general,  who 
shall  execute  such  orders  as  may  be  given  to  them# 

By  command  of  the  Secretary  of  War, 

ALEX.  MACOMB,  Acting  Adjutant  General 

E 


MILITARY  LAWS. 

An  ACT  fixing  the  Military  Peace  Establishment  of 

the  United  States. 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of  Rep.- 
resentatives  of  the  United  States  of  Americain  Congress 
assembled ,  That  the  military  peace  establishment  of 
the  United  Sates,  from  and  after  the  first  of  June  next, 
shall  be  composed  of  one  regiment  of  artillerists  and 
two  regiments  of  infantry,  with  such  officers,  military 
agents,  and  engineers,  as  are  hereinafter  mentioned. 

Sec.  2.  And  be  it  further  enacted ,  That  the  regiment 
of  artillerists  shall  consist  of  one  colonel,  one  lieuten¬ 
ant  colonel, four  majors,  one  adjutant,  and  twenty  com¬ 
panies,  each  company  to  consist  of  one  captain,  one  first 
lieutenant,  one  second  lieutenant,  two  cadets,  four  ser¬ 
geants,  four  corporals,  four  musicians,  eight  artificers 
and  fifty -six  privates  ;  to  be  formed  into  five  battal¬ 
ions  :  Provided  always.  That  it  shall  be  lawful  for  the 
President  of  the  United  States  to  retain,  with  their 
present  grade,  as  many  of  the  first  lieutenants,  now  in 
service,  as  shall  amount  to  the  whole  number  of  lieu¬ 
tenants  required  ;  but  that  in  proportion  as  vacancies 
happen  therein,  new  appointments  be  made  to  the 
grade  of  second  lieutenants  until  their  number  amount 
to  twenty  ;  and  each  regiment  of  infantry  shall  consist 
of  one  colonel,  one  lieutenant  colonel,  one  major,  one 
adjutant,  one  sergeant  major,  two  teachers  of  music, 
and  ten  companies ;  each  company  to  consist  of  one 
captain,  one  first  and  one  second  lieutenant,  one  en¬ 
sign,  four  sergeants,  four  corporals,  four  musicians, 
and  sixty-four  privates. 

Sec.  3.  And  be  it  further  enacted ,  That  there  shall 
be  one  brigadier  general,  with  one  aid  de  camp,  who 
shall  be  taken  from  the  captains  or  subalterns  of  the 
line  ;  one  adjutant  and  inspector  of  the  army,  to  be 
taken  from  the  line  of  field  officers  ;  one  pay  master  of 
the  army,  seven  pay  masters  and  two  assistants,  to  be 
attached  to  such  districts  as  the  President  of  the  United 
States  shall  direct,  to  be  taken  from  the  line  of  com- 


missioned  officers,  who,  in  addition  to  their  other  du¬ 
ties,  shall  have  charge  of  the  clothing  of  the  troops  ; 
three  military  agents,  and  such  number  of  assistant 
military  agents  as  the  President  of  the  United  States 
shall  deem  expedient,  not  exceeding  one  to  each  mili¬ 
tary  post;  which  assistants  shall  be  taken  from  the  line ; 
two  surgeons,  twenty-five  surgeon’s  mates,  to  be  at¬ 
tached  to  garrisons  or  posts,  and  not  to  corps. 

Sec.  4.  And  be  it  further  enacted ,  That  the  monthly 
pay  of  the  officers,  non-commissioned  officers,  musi¬ 
cians  and  privates,  be  as  follows,  to  wit :  to  the  briga¬ 
dier  general,  two  hundred  and  twenty-five  dollars, 
which  shall  be  his  full  and  entire  compensation,  with¬ 
out  a  right  to  demand  or  receive  any  rations,  forage, 
travelling  expenses,  or  other  perquisite  or  emolument 
whatsoever,  except  such  stationary  as  may  be  requisite 
for  the  use  of  his  department ;  to  the  adjutant  and  in¬ 
spector  of  the  army,  thirty-eight  dollars  in  addition  to 
his  pay  in  the  line,  and  such  stationary  as  shall  be  re¬ 
quisite  for  his  department ;  to  the  pay  master  of  the 
army,  one  hundred  and  twenty  dollars,  without  any  oth¬ 
er  emolument,  except  such  stationary  as  may  be  re¬ 
quisite  in  his  department,  and  the  use  of  the  public  office 
now  occupied  by  him  ;  to  the  aid  de  camp,  in  addition 
to  his  pay  in  the  line,  thirty  dollars  ;  to  each  pay  master 
attached  to  districts,  thirty  dollars,  and  each  assistant 
to  such  pay  master,  ten  dollars,  in  addition  to  his  pay 
in  the  line  ;  to  each  military  agent,  seventy-six  dol¬ 
lars,  and  no  other  emolument ;  to  each  assistant  mili¬ 
tary  agent,  eight  dollars,  in  addition  to  his  pay  in  the 
line,  except  the  assistant  military  agents  at  Pittsburgh 
and  Niagara,  who  shall  receive  sixteen  dollars  each, 
in  addition  to  their  pay  in  the  line  ;  to  each  colonel, 
seventy-five  dollars  ;  to  each  lieutenant  colonel,  six¬ 
ty  dollars  ;  to  each  major,  fifty  dollars  ;  to  each  sur¬ 
geon,  forty-five  dollars ;  to  each  surgeon’s  mate,  thirtT 
dollars  ;  to  each  adjutant,  ten  dollars, in  addition  to  uS 
pay  in  the  line  ;  to  each  captain,  forty  dollars  ;  to  ac^ 
first  lieutenant,  thirty  dollars  ;  to  each  second  listen- 


52 

•  •  •  • 

ant,  twenty-five  dollars;  to  each  ensign,  twenty  dollars  ; 
to  eachcadct,ten dollars;  to  each  sergeant-major,  nine 
dollars ;  to  each  sergeant,  eight  dollars  ;  to  each  corpo¬ 
ral,  seven  dollars  ;  to  each  teacher  of  music,  eight  dol¬ 
lars  ;  to  each  musician,  six  dollars  ;  to  each  artificer, 
ten  dollars ;  and  to  each  private,  five  dollars. 

Sec.  5.  And  be  it  further  enacted ,  That  the  commis¬ 
sioned  officers  aforesaid  shall  be  entitled  to  receive  for 
their  daily  subsistence,  the  following  number  of  rations 
of  provisions  :  a  colonel,  six  rations  ;  a  lieutenant  colo¬ 
nel,  five  rations  ;  a  major,  four  rations  ;  a  captain,  three 
rations  ;  a  lieutenant,  two  rations  ;  an  ensign,  two  ra¬ 
tions  ;  a  surgeon,  three  rations  ;  a  surgeon’s  mate,  two 
rations  ;  a  cadet,  two  rations,  or  money  in  lieu  thereof, 
at  the  option  of  the  said  officers  and  cadets  at  the  posts 
respectively  where  the  rations  shall  become  due  ;  and 
if  at  su,ch  post  supplies  are  not  furnished  by  contract, 
then  such  allowance  as  shall  be  deemed  equitable,  hav¬ 
ing  reference  to  former  contracts,  and  the  position  of 
the  place  in  question  ;  and  each  non-commissioned  of¬ 
ficer,  musician  and  private,  one  ration  ;  to  the  comman¬ 
ding  officers  of  each  separate  post,  such  additional  num¬ 
ber  of  rations,  as  the  President  of  the  United  States 
shall,  from  time  to  time  direct,  having  respect  to  the 
special  circumstances  of  each  post ;  to  the  women  who 
may  be  allowed  to  any  particular  corps,  not  exceed¬ 
ing  the  proportion  of  four  to  a  company,  one  ration 
each  ;  to  such  matrons  and  nurses  as  may  be  neces¬ 
sarily  employed  in  the  hospital,  one  ration  each  ;  and 
to  every  commissioned  officer  who  shall  keep  one 
servant,  not  a  soldier  of  the  line,  one  additional  ration. 

Sec.  6.  And  be  it  further  enact  cd^  That  each  ration 
shall  consist  of  one  pound  and  a  quarter  of  beef,  or 
\  three  quarters  of  a  pound  of  pork,  eighteen  ounces  of 
\bread  or  flour,  one  gill  of  rum,  whiskey,  or  brandy, 
\ul  at  the  rate  of  two  quarts  of  salt,  four  quarts  of  vin- 
e£\r,  four  pounds  of  soap,  and  one  pound  and  a  half 
of  cV^efles,  to  every  hundred  rations. 

Se\7,  And  be  it  further  enacted ,  That  the  following 


53 


officers  shall,  whenever  forage  is  not  furnished  by  the 
public,  receive  at  the  rate  of  the  following  sums  per 
month,  in  lieu  thereof  ;  each  colonel,  twelve  dollars  ; 
each  lieutenant  colonel,  eleven  dollars  ;  each  major, 
ten  dollars  ;  each  adjutant,  six  dollars ;  each  surgeon, 
ten  dollars;  each  surgeon’s  mate,  six  dollars. 

Sec.  S.  And  be  it  further  enacted ,  That  every  non¬ 
commissioned  officer,  musician,  and  private,  of  the  ar¬ 
tillery  and  infantry,  shall  receive  annually  the  following 
articles  of  uniform  clothing,  to  wit  :  one  hat,  one  coat, 
one  vest,  two  pair  of  woollen  and  two  pair  linen 
overalls,  one  coarse  linen  frock  and  trowsers  for  fa¬ 
tigue  clothing,  four  pair  of  shoes,  four  shirts,  two  pair 
of  socks,  two  pair  of  short  stockings,  one  blanket,  one 
stock  and  clasp,  and  one  pair  of  half  gaiters  ;  and  the 
secretary  of  war  is  hereby  authorized  to  cause  to  be 
furnished  to  the  pay  masters  of  the  respective  districts, 
such  surplus  of  clothing  as  he  may  deem  expedient, 
which  clothing,  shall  under  his  direction,  be  furnished 
to  the  soldiers,  when  necessary,  at  the  contract  prices, 
and  accounted  for  by  them  out  of  their  arrears  of 
monthly  pay. 

Sec.  9.  And  be  it  further  enacted ,  That  the  President 
of  the  United  States  cause  to  be  arranged,  the  officers, 
non-commissioned  officers,  musicians  and  privates  of 
the  several  corps  of  troops  now  in  the  service  of  the 
United  States,  in  such  manner  as  to  form  and  com¬ 
plete,  out  of  the  same,  the  corps  aforesaid  ;  and  cause 
the  supernumerary  officers,  non-commissioned  officers, 
musicians  and  privates,  to  be  discharged  from  the  ser¬ 
vice  of  the  United  Stales,  from  and  after  the  first  day 
of  April  next,  or  as  soon  thereafter  as  circumstances 
may  permit. 

Sec,  10.  And  be  it  further  enacted ,  That  the  officers, 
non-commissioned  officers,  musicians  and  privates  of 
the  said  corps,  shall  be  governed  oy  the  rules  and  ar¬ 
ticles  of  war,  which  have  been  established  bv  the  Uni¬ 
ted  States  in  congress  assembled,  or  by  such  rules  and 
articles  as  may  be  hereafter  by  law  established :  fJr»- 

E  2 


aided  nevertheless,  That  the  sentence  of  general  courts 
martial,  extending  to  the  loss  of  life,  the  dismission  of 
a  commissioned  officer,  or  which  shall  respect  the  gen¬ 
eral  officer,  shall,  with  the  whole  of  the  proceedings  of 
such  cases,  respectively,  be  laid  before  the  President  of 
the  United  States,  who  is  hereby  authorized  to  direct 
the  same  to  be  carried  into  execution,  or  otherwise,  as 
he  shall  judge  proper. 

Sec.  11.  And  be  it  further  enacted ,  That  the  com¬ 
missioned  officers  who  shall  be  employed  in  the  re¬ 
cruiting  service,  to  keep  up,  by  voluntary  enlistment, 
the  corps  as  aforesaid,  shall  be  entitled  to  receive,  for 
every  effective  able  bodied  citizen  of  the  United  States, 
who  shall  be  duly  enlisted  by  him  for  the  term  of  five 
years,  and  mustered,  of  at  least  five  feet  six  inches  high, 
and  between  the  ages  of  eighteen  and  thirty-five  years, 
the  sum  of  two  dollars  :  Provided  nevertheless ,  That 
this  regulation,  so  far  as  respects  the  height  and  age  of 
the  recruit  shall  not  extend  to  musicians,  or  to  those 
soldiers  who  may  re-enlist  into  the  service  :  And  pro - 
aided  also ,  That  no  person  under  the  age  of  twenty- 
one  years  shall  be  enlisted  by  any  officer,  or  held  in 
the  service  of  the  United  States,  without  the  consent  of 
Tils  parent,  guardian,  or  master,  first  had  and  obtained, 
if  any  he  have  :  and  if  any  officer  shall  enlist  any  per¬ 
son  contrary  to  the  true  intent  and  meaning  of  this  act, 
for  every  such  offence,  he  shall  forfeit  and  pay  the  a- 
mount  of  the  bounty  and  clothing  which  the  person  so 
recruited  may  have  received  from  the  public,  to  be  de¬ 
ducted  out  of  the  pay  and  emoluments  of  such  officer. 

Sec.  12.  And  be  it  further  enacted ,  That  there  shall 
be  allowed  and  paid  to  each  effective  able  bodied  citi¬ 
zen,  recruited  as  aforesaid,  to  set  ve  for  the  term  of  five 
years,  a  bounty  of  twelve  dollars ;  but  the  payment  of 
six  dollars  of  the  said  bounty,  shall  be  deferred  until  he 
shall  be  mustered,  and  have  joined  the  corps  in  which 
he  is  to  serve. 

Sec.  13.  And  be  it  further  enacted ,  That  the  said 
corps  shall  be  paid  in  such  manner,  that  the  arrears 


.shall,  at  no  time,  exceed  two  months,  unless  the  cir¬ 
cumstances  of  the  case  shall  render  it  unavoidable. 

Sec.  14.  And  be  it  farther  enacted,  That  if  any  of¬ 
ficer,  non-commissioned  officer,  musician,  or  private, 
in  the  corps  composing  the  peace  establishment,  shall 
be  disabled  by  wounds  or  otherwise,  while  in  the  line 
of  his  duty  in  public  service,  he  shall  be  placed  on  the 
list  of  invalids  of  the  United  States,  at  such  rate  of 
pay  and  under  such  regulations,  as  may  be  directed  bv 
the  President  of  the  United  States  for  the  time  being  : 
Provided  always,  That  the  compensation  to  be  allowed 
for  such  wounds  or  disabilities,  to  a  commissioned  of¬ 
ficer,  shall  not  exceed  for  the  highest  rate  of  disabil¬ 
ity  half  the  monthly  pay  of  such  officer  at  the  time  of 
his  being  disabled  or  wounded ;  and  that  no  officer 
shall  receive  more  than  the  half  pay  of  a  lieutenant  co¬ 
lonel  ;  and  that  the  rate  of  compensation  to  non-com¬ 
missioned  officers,  musicians  and  privates,  shall  not 
exceed  five  dollars  per  month :  And  provided  also , 
That  all  inferior  disabilities  shall  entitle  the  person  so 
disabled  to  receive  an  allowance  proportionate  to  the 
highest  disability. 

Sec.  15.  And  be  it  further  enacted,  That  if  any  com¬ 
missioned  officer  in  the  military  peace  establishment 
of  the  United  States  shall,  while  in  the  service  of  the 
United  States,  die,  by  reason  of  any  wound  received  in 
actual  service  of  the  United  States,  and  leave  a  widow, 
or  if  no  widow,  a  child  or  children  under  sixteen  years 
of  age,  such  widow,  or  if  no  widow,  such  child  or  chil¬ 
dren  shall  l^e  entitled  to  and  receive  half  the  monthly 
pay  to  which  the  deceased  was  entitled  at  the  time  of 
his  death,  for  and  during  the  term  of  five  years.  But 
in  case  of  the  death  or  intermarriage  of  such  widow 
before  the  expiration  of  the  said  term  of  five  years, 
the  half  pay,  for  the  remainder  of  the  time,  shall  go  to 
the  child  or  children  of  such  deceased  officer  :  Pro¬ 
vided  always,  That  such  half  pay  shall  cease  on  the 
decease  of  such  child  or  children. 

Sec,  1C*.  And  be  it  farther  enacted,  That  the  pay 


56 

•  •  •  • 

master  shall  perform  the  duties  of  his  office,  agreeably 
to  the  direction  of  the  President  of  the  United  States, 
for  the  time  being  ;  and  before  he  enters  on  the  duties 
of  the  same,  shall  give  bonds,  with  good  and  sufficient 
sureties,  in  such  sums  as  the  President  shall  direct,  for 
the  faithful  discharge  of  his  said  office  ;  and  shall  take 
an  oath  to  execute  the  duties  thereof  with  fidelity  :  and 
it  shall,  moreover,  be  his  duty  to  appoint  from  the  line, 
with  the  approbation  of  the  President  of  the  United 
States,  the  several  pay  masters  to  districts,  and  assist¬ 
ants,  prescribed  by  this  act ;  and  he  is  hereby  author¬ 
ized  to  require  the  said  pay  masters  to  districts,  and 
assistants,  to  enter  into  bond,  with  good  and  sufficient 
surety,  for  the  faithful  discharge  of  their  respective 
duties. 

Sec.  17.  And  be  it  further  enacted f,  That  it  shall  be 
the  duty  of  the  military  agents  designated  by  this  act, 
to  purchase,  receive  and  forward  to  their  proper  des¬ 
tination,  all  military  stores  and  other  articles  for  the 
troops  in  their  respective  departments,  and  all  goods 
and  annuities  for  the  Indians,  which  they  maybe  direct¬ 
ed  to  purchase,  or  which  shall  be  ordered  into  their  care 
by  the  department  of  war.  They  shall  account  with 
the  department  of  war,  annually,  for  all  the  public  pro¬ 
perty  which  may  pass  through  their  hands,  and  all  the 
monies  which  they  may  expend  in  discharge  of  the 
duties  of  their  offices,  respectively  :  previous  to  their 
entering  on  the  duties  of  their  offices,  they  shall  give 
bonds,  with  sufficient  sureties,  in  such  sums  as  the 
President  of  the  United  States  shall  dj^ect,  for  the 
faithful  discharge  of  the  trust  reposed  in  them  ;  and 
shall  take  an  oath  faithfully  to  perform  the  duties  of 
their  respective  offices. 

Sec.  18.  And  be  it  further  enacted ,  That  if  any  non¬ 
commissioned  officer,  musician,  or  private,  shall  desert 
the  service  of  the  United  States,  he  shall,  in  addition  to 
the  penalties  mentioned  in  the  rules  and  articles  of 
war,  be  liable  to  serve  for  and  during  such  a  period,  as 
shall,  with  the  time  he  may  have  served  previous  to  his 


desertion,  amount  to  the  full  term  of  his  enlistment ; 
and  such  soldier  shall  and  may  be  tried,  by  a  court 
martial,  and  punished,  although  the  term  of  his  en¬ 
listment  may  have  elapsed  previous  to  his  being’  ap¬ 
prehended  or  tried. 

Sec.  19.  And  be  it  further  enacted ,  That  every  per¬ 
son  who  shall  procure  or  entice  a  soldier  in  the  service 
of  the  United  States,  to  desert;  or  who  shall  pur¬ 
chase  from  any  soldier,  his  arms,  uniform  clothing,  or 
any  part  thereof ;  and  every  captain  or  commanding 
officer  of  any  ship  or  vessel,  who  shall  enter  on  board 
such  ship  or  vessel,  as  one  of  his  crew,  knowing  him 
to  have  deserted,  or  otherwise  carry  away  any  such 
soldier,  or  shall  refuse  to  deliver  him  up  to  the  orders 
of  his  commanding  officer,  shall,  upon  legal  convic¬ 
tion,  be  fined  at  the  discretion  of  any  court  having 
cognizance  of  the  same,  in  any  sum  ne<-  exceeding 
three  hundred  dollars,  or  be  imprisoned  any  term  not 
exceeding  one  year. 

Sec.  20.  And  be  it  further  enacted ,  That  every  of¬ 
ficer,  non-commissioned  officer,  musician,  and  pri¬ 
vate,  shall  take  and  subscribe  the  following  oath  or 
affirmation,  to  wit:  £t  I,  A.  B.  do  solemnly  swear  or 
affirm,  (as  the  case  may  be)  that  I  will  bear  true  faith 
and  allegiance  to  the  United  States  of  America,  and 
that  I  will  serve  them  honestly  and  faithfully  against 
their  enemies,  or  opposers,  whomsoever  ;  and  that  I 
will  observe  and  obey  the  orders  of  the  President  of  the 
United  States,  and  the  orders  of  the  officers  appoint¬ 
ed  over  me,  according  to  the  rules  and  articles  of  war.’3 

Sec.  21.  And  be  it  further  enact  eo. ?,  That  whenever  a 
general  court  martial  shall  be  ordered,  the  President 
of  the  United  States  may  appoint  some  fit  person  to  act 
as  judge  advocate,  who  shall  be  allowed,  in  addition  to 
his  other  pay,  one  dollar  and  twenty-five  cents  forevery 
day  he  shall  be  necessarily  employed  in  the  duties  of 
the  said  court ;  and  in  cases  where  the  President  shall 
not  have  made  such  appointment,  the  brigadier  gene¬ 
ral  or  the  president  of  the  court  may  make  the  same. 


58 


Sec.  22.  At id  be  it  further  enacted ,  That  where  any 
commissioned  officer  shall  be  obliged  to  incur  any  ex¬ 
tra  expense  in  travelling  and  sitting  on  general  courts 
martial, he  shall  be  allowed  a  reasonable  compensation 
for  such  extra  expense  actually  incurred,  not  exceed¬ 
ing  one  dollar  and  twenty-five  cents  per  day,  to  officers 
who  are  not  entitled  to  forage,  and  not  exceeding  one 
dollar  per  day  to  such  as  shall  be  entitled  to  forage. 

Sec.  23.  And  be  it  further  enacted ,  That  no  non-com¬ 
missioned  officer,  musician  or  private,  shall  be  arrest¬ 
ed,  or  subject  to  arrest,  or  to  be  taken  in  execution  for 
any  debt  under  the  sum  of  twenty  dollars,  contracted 
before  enlistment,  nor  for  any  debt  contracted  after 
enlistment. 

Sec.  24.  And  be  it  further  enacted ,  That  whenever 
any  officer  or  soldier  shall  be  discharged  from  the 
service,  except  by  way  of  punishment  for  any  offence, 
he  shall  be  allowed  his  pay  and  rations,  or  an  equiva¬ 
lent  in  money,  for  such  term  of  time  as  shall  be  suffi¬ 
cient  for  him  to  travel  from  the  place  of  discharge  to 
the  place  of  his  residence,  computing  at  the  rate  of 
twenty  miles  to  a  day. 

Sec.  25.  And  be  it  further  eiictcted ,  That  to  each 
commissioned  officer  who  shall  be  deranged  by  virtue 
of  this  act,  there  shall  be  allowed  and  paid,  in  addition 
to  the  pay  and  emoluments  to  which  they  will  be  en¬ 
titled  by  law  at  the  time  of  their  discharge,  to  each 
officer  whose  term  of  service  in  any  military  corps  of 
the  United  States  shall  not  have  exceeded  three  years, 
three  months’  pay  ;  to  all  other  officers  so  deranged, 
one  month’s  pay  of  their  grades,  respectively,  for 
each  year  of  past  service  in  the  army  of  the  United 
States,  or  in  any  regiment  or  corps  now  or  formerly 
in  the  service  thereof. 

Sec.  26.  And  be  it  f  urther  enacted ,  That  the  Presi¬ 
dent  of  the  United  States  is  hereby  authorized  and  em¬ 
powered, when  he  shall  deem  it  expedient,  to  organize 
and  establish  a  corps  of  engineers,  to  consist  of  one  en¬ 
gineer  with  the  pay,  rank  and  emoluments  of  a  major ; 
two  assistant  engineers,  with  the  pay,  rank  and  emolu- 


59 


menis  of  captains  ;  two  other  assistant  engineers,  with 
the  pay,  rank  and  emoluments  of  first  lieutenants  ; 
two  other  assistant  engineers,  with  the  pay,  rank  and 
emoluments  of  second  lieutenants  ;  and  ten  cadets, 
with  the  pay  of  sixteen  dollars  per  month,  and  two  ra¬ 
tions  per  day  :  and  the  President  of  the  United  States 
is,  in  like  manner  authorized,  when  he  shall  deem  it 
proper,  to  make  such  promotions  in  the  said  corps, 
with  a  view  to  particular  merit,  and  without  regard  to 
rank  so  as  not  to  exceed  one  colonel,  one  lieutenant 
colonel,  two  majors,  four  captains,  four  first  lieuten¬ 
ants,  four  second  lieutenants,  and  so  as  that  the  num¬ 
ber  of  the  whole  corps  shall,  at  no  time,  exceed  twen¬ 
ty  officers  and  cadets. 

Sec.  27.  And  be  it  further  enacted ,  That  the  said 
corps  when  so  organized,  shall  be  stationed  at  West 
Point,  in  the  state  of  New-York,  and  shall  constitute  a 
military  academy;  and  the  engineers,  assistant  engin¬ 
eers,  and  cadets  of  the  said  corps,  shall  be  subject,  at 
all  times,  to  do  duty  in  such  places,  and  on  such  ser¬ 
vice,  as  the  President  of  the  United  States  shall  direct. 

Sec.  28.  And  be  it  further  enacted ,  That  the  princi¬ 
pal  engineer,  and  in  his  absence,  the  next  in  rank, 
shall  have  the  superintendence  of  the  said  military  a- 
cademy,  under  the  direction  of  the  President  of  the  U- 
nited  States  ;  and  the  secretary  of  war  is  hereby  author¬ 
ized,  at  the  public  expense,  under  such  regulations  as 
shall  be  directed  by  the  President  of  the  United  States, 
to  procure  the  necessary  books,  implements  and  ap¬ 
paratus  for  the  use  and  benefit  of  the  said  institution. 

Sec.  29.  And  be  it  further  enacted ,  That  so  much  of 
any  act  or  acts,  now  in  force,  as  comes  within  the  pur¬ 
view  of  this  act,  shall  be,  and  the  same  is  hereby  re¬ 
pealed  ;  saving,  nevertheless,  such  parts  thereof,  as  re¬ 
late  to  the  enlistments  or  term  of  service  of  any  of  the 
troops,  which,  by  this  act,  are  continued  on  the  pres¬ 
ent  military  establishment  of  the  United  States. 


Approved,  16th  March,  1802, 


60 

•  * 

An  ACT  in  addition  to  an  Act ,  entitled  u  An  Act  fixing 
the  Military  Peace  Establishment  of  the  United  States. 

Sec.  ! .  Be  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  United  States  of  America  in  Congress  as¬ 
sembled ,  That  there  be  added  to  the  regiment  of  artil¬ 
lerists,  two  teachers  of  music,  whose  pay,  rations  and 
clothing,  shall  be  the  same  as  is  by  law  allowed  to  the 
teachers  of  music  in  the  regiments  of  infantry  in  the 
service  of  the  United  States. 

Sec.  2.  And  be  it  further  enacted ,  That  the  President 
of  the  United  States  be  and  he  is  hereby  authorized  to 
appoint  one  teacher  of  the  French  language,  and  one 
teacher  of  drawing,  to  be  attached  to  the  corps  of  engi¬ 
neers,  whose  compensation  shall  not  exceed  the  pay 
and  emolument  of  a  captain  in  the  line  of  the  army. 

Sec.  3.  And  be  it  further  enacted ,  That  the  com¬ 
manding  officer  of  the  corps  of  engineers,  be  authoriz¬ 
ed  to  enlist  for  a  term,  not  less  than  three  years,  one 
artificer,  and  eighteen  men,  to  aid  in  making  practical 
experiments  and  for  other  purposes  ;  to  receive  the 
same  pay,  rations  and  clothing  as  are  allowed  to  the 
artificers  and  privates,  in  the  army  of  the  United  States ; 
and  the  same  bounty  when  enlisted  for  five  years  ;  and 
to  be  subject  to  the  rules  and  articles  of  war. 

Approved,  2§th  February,  1803. 

An  ACT  in  addition  to  u  An  Act  for  fixing  the  Military 
Peace  Establishment  of  the  United  States P 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep¬ 
resentatives  of  the  United  States  of  America  in  Congress 
assembled ,  That  there  shall  be  appointed  in  addition  to 
the  surgeons’  mates  provided  for  by  the  “  act  fixing  the 
military  peace  establishment  of  the  United  States,”  as 
many  surgeons’  mates,  not  exceeding  six,  as  the  Pres¬ 
ident  of  the  United  States  may  judge  necessary,  to  be 
attached  to  the  garrisons  or  posts  agreeable  to  the  pro* 
visions  of  the  said  act* 


Sec.  2.  And  be  it  jurther  enacted,  That  an  equivalent 
in  malt  liquor  or  low  wines,  may  be  supplied  the  troops 
of  the  United  States,  instead  of  the  rum,  whisky,  or 
brandy,  which  by  the  said  act  is  made  a  component 
part  of  a  ration,  at  such  posts  and  garrisons,  and  at 
such  seasons  of  the  year,  as,  in  the  opinion  of  the  Pre¬ 
sident  of  the  United  States,  may  be  necessary  for  the 
preservation  of  their  health. 

NATHL.  MACON, 

Speaker  of  the  House  of  Representatives, 

JESSE  FRANKLIN, 
President  of  the  Senate  pro  tempore. 

March  26,  1804. 

Approved,  TH :  JEFFERSON. 


An  ACT  to  raise  for  a  limited  Time,  an  additional  Milita - 

ry  Force . 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  ofRepre * 
sentatives  of  the  United  States  of  America  in  Congress 
assembled ,  That,  in  addition  to  the  present  military  es¬ 
tablishment  of  the  United  States,  there  be  raised  five 
regiments  of  infantry,  one  regiment  of  riflemen,  one 
regiment  of  light  artillery,  and  one  regiment  of  light 
dragoons,  to  be  enlisted  for  the  term  of  five  years,  un¬ 
less  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted ,  That  the  said  regi¬ 
ments  of  infantry,  riflemen  and  artillery,  shall  consist 
of  ten  companies  each,  and  the  regiment  of  light  dra¬ 
goons  of  eight  troops  ;  and  the  field  and  staff  officers  of 
each  regiment,  of  one  colonel,  one  lieutenant  colonel, 
one  major,  one  adjutant,  one  quarter  master,  one  pay 
master,  one  surgeon,  one  surgeon’s  mate,  one  sergeant 
major,  one  quarter  master  sergeant,  two  principal  mu¬ 
sicians,  and  for  the  regiment  of  light  dragoons,  one  ri¬ 
ding  master  ;  each  company  of  infantry  and  riflemen 
to  consist  of  one  captain,  one  first  and  one  second  lieu¬ 
tenant,  one  ensign,  two  cadets,  four  sergeants,  four  cor- 

F 


62 

•  •  •  • 

porals,  two  musicians,  and  sixty-eight  privates ;  each 
company  of  artillery  of  one  captain,  one  first  and  one 
second  lieutenant,  two  cadets,  four  sergeants,  four  cor¬ 
porals,  two  musicians,  eight  artificers,  and  fifty-eight 
matrosses ;  and  each  troop  of  light  dragoons  of  one  cap¬ 
tain,  one  first  and  one  second  lieutenant,  one  cornet, 
two  cadets,  four  sergeants,  four  corporals,  two  musi¬ 
cians,  one  saddler,  one  farrier,  and  sixty-four  privates. 

Sec.  3.  And  be  it  further  enacted,  That  when,  in  the 
opinion  of  the  President  of  the  United  States,  a  suita¬ 
ble  proportion  of  the  troops  authorized  by  this  act  shall 
be  raised,  there  may  be  appointed  two  additional  briga¬ 
dier  generals,  who  shall  be  entitled  to  one  aid  de 
camp  each,  to  be  taken  from  the  subalterns  of  the  line; 
two  brigade  inspectors,  and  two  brigade  quarter  mas¬ 
ters  ;  and  such  number  of  hospital  surgeons,  and  sur¬ 
geon’s  mates,  as  the  service  may  require,  but  not  ex¬ 
ceeding  five  surgeons  and  fifteen  mates,  with  one  stew¬ 
ard,  and  one  ward  master  to  each  hospital  :  the  brigade 
inspectors  appointed  under  this  act  shall  betaken  from 
the  line  ;  and  the  brigade  quarter  masters,  the  adju¬ 
tants,  regimental  quarter  masters  and  pay  masters, 
from  the  subalterns  of  the  line. 

Sec.  4.  And  be  it  further  enacted ,  That  the  compen¬ 
sation  ofthe  officers,  cadets, non-commissioned  officers, 
musicians,  artificers  and  privates,  authorized  by  this 
act,  shall  be,  viz  ;  to  each  brigadier  general,  one  hun¬ 
dred  and  four  dollars  per  month,  twelve  rations  per  day, 
or  an  equivalent  in  money,  and  sixteen  dollars  per 
month  for  forage,  when  not  furnished  by  the  public ; 
each  brigade  inspector,  thirty  dollars  per  month,  in  ad¬ 
dition  to  his  pay  in  the  line  ;  each  brigade  quarter  mas¬ 
ter  and  aid  de  camp,  twenty  dollars  ;  and  each  adjutant, 
regimental  quarter  master  and  pay  master,  ten  dollars 
per  month,  in  addition  to  their  pay  in  the  line,  and  to 
each  six  dollars  per  month  for  forage,  when  not  fur¬ 
nished  as  aforesaid  ;  each  hospital  surgeon,  seventy- 
five  dollars  per  month,  six  rations  per  day,  or  an  equiv 


63 


alcnt  in  money,  and  twelve  dollars  per  month  for  for¬ 
age,  when  not  furnished  as  aforesaid ;  each  hospital 
surgeon’s  mate, forty  dollars  per  month, two  rations  per 
day,  or  an  equivalent  in  money,  and  six  dollars  per 
month  for  forage,  when  not  furnished  as  aforesaid  ; 
each  hospital  steward,  twenty  dollars  per  month  and 
two  rations  per  day,  or  an  equivalent  in  money  ;  each 
ward  master,  sixteen  dollars  per  month  and  two  rations 
per  day,  or  an  equivalent  in  money  ;  to  the  colonel  of 
light  dragoons,  ninety  dollars  per  month,  six  rations 
per  day,  and  forage  for  five  horses  ;  to  the  lieutenant 
colonel  of  light  dragoons,  seventy-five  dollars  per 
month,  five  rations  per  day, and  forage  for  four  horses; 
to  the  major  of  light  dragoons, sixty  dollars  per  month, 
four  rations  per  day,  and  forage  for  four  horses;  to  each 
captain  of  light  dragoons,  fifty  dollars  per  month,  three 
rations  per  day,  and  forage  for  three  horses  ;  to  each 
lieutenant  of  fight  dragoons,  thirty-three  and  one-third 
dollars  per  month,  two  rations  per  day,  and  forage  for 
two  horses  ;  to  each  comet  of  light  dragoons,  twenty- 
six  and  two-thirds  dollars  per  month,  two  rations  per 
day,  and  forage  for  two  horses  ;  to  the  riding  master, 
twenty-six  and  two-thirds  dollars  per  month,  two  radons 
per  day,  and  torage  for  two  horses  ;  each  saddler  and 
farrier,  ten  dollars  per  month,  one  ration  per  day,  and 
a  suit  of  uniform  clothing,  annually  ;  and  all  other  offi¬ 
cers,  cadets,  non-commissioned  officers,  musicians,  ar¬ 
tificers  and  privates,  authorized  by  this  act,  shall  receive 
the  like  pay,  clothing,  rations,  forage  and  other  emolu¬ 
ments,  as  the  officers,  cadets,  non-commissioned  offi¬ 
cers,  musicians,  artificers  and  privates  of  the  present 
military  establishment  :  Provided ,  The  officers  and 
riding  master  furnish  their  own  horses  and  accoutre¬ 
ments,  and  actually  keep  in  service  the  aforesaid  num¬ 
ber  of  horses,  to  entitle  them  to  the  aforegoing  allow¬ 
ance  for  forage,  or  its  equivalent  in  money :  And  provide 
ed  also ,  That  the  whole  or  any  part  of  the  regiment  of 
light  dragoons  shall  be  liable  to  serve  on  foot  as  fight 
infantry,  until,  by  order  of  the  President  of  the  United 


States,  horses  and  accoutrements  shall  be  provided  to 
equip  the  whole  or  any  part  thereof  as  mounted  dra¬ 
goons. 

Sec.  5.  And  be  it  further  enacted ,  That  the  officers, 
cadets,  non-commissioned  officers,  musicians,  artificers 
and  privates,  raised  pursuant  to  this  act,  shall  be  enti¬ 
tled  to  the  like  compensation  in  case  of  disability  by 
wounds  and  otherwise  incurred  in  the  service,  as  the 
officers,  cadets,  non-commissioned  officers,  musicians, 
artificers  and  privates  in  the  present  military  establish¬ 
ment,  and  with  them  shall  be  subject  to  the  rules  and 
articles  of  war  which  have  been  established,  or  may  be 
hereafter  by  law  [be]  established  ;  And  that  the  provi¬ 
sions  of , the  act,  entitled  u  An  act  fixing  the  military 
peace  establishment  of  the  United  States,”  relative  to 
the  widow,  child  or  children  of  any  commissioned  offi¬ 
cer  who  shall  die,  while  in  the  service  of  the  United 
Slates,  by  reason  of  any  wound  received  in  actual  service 
of  the  United  States,  to  courts  martial,  the  regulation 
and  compensation  of  recruiting  officers,  the  age,  size, 
qualifications  and  bounties  of  recruits,  arrears  of  pay, 
the  bonds  and  duties  of  pay  masters,  penalties  for  deser¬ 
tion,  punishment  of  persons  who  shall  procure  or  en¬ 
tice  any  soldier  to  desert,  or  shall  purchase  from  any 
soldier  his  arms,  uniform  clothing, or  any  part  thereof; 
and  the  punishment  of  any  commanding  officer  of  any 
ship  or  vessel  who  shall  receive  on  board  of  his  ship  or 
vessel,  as  one  of  his  crew,  knowing  him  to  have  deserted, 
or  otherwise  carry  away  any  such  soldier,  or  shall 
refuse  to  deliver  him  up  to  the  orders  of  his  command¬ 
ing  officer  ;  to  the  oath  or  affirmation  to  be  taken  and 
subscribed  by  officers,  non-commissioned  officers,  mu¬ 
sicians  and  privates;  to  the  allowance  for  extra  expense 
to  any  commissioned  officer  in  travelling  and  sitting  on 
general  courts  martial;  to  arrests  of  non-commissioned 
officers,  musicians  and  privates  for  debts  ;  to  soldiers 
discharged  from  service,  except  by  way  of  punishment, 
shall  be  in  force  and  applied  to  all  persons,  matters  and 
things  within  the  intent  and  meaning  of  this  act,  in  the 


65 

•  •  •  • 

same  maimer  as  if  they  were  inserted  at  large  in  the 
same. 

Sec.  6.  And  be  it  further  enacted ,  That  the  subsis¬ 
tence  cf  the  officers  of  the  army  when  not  received 
in  kind,  shall  be  estimated  at  twenty  cents  per  ration. 

Sec.  7.  And  be  it  further  enacted ,  That  there  shall  be 
appointed  to  each  brigade  one  chaplain,  who  shall  be 
entitled  to  the  same  pay  and  emoluments  as  a  majo? 
in  the  infantry. 

Sec.  8.  And  be  it  further  enacted.  That  in  the  recess 
of  the  senate  the  President  of  the  United  States  is 
hereby  authorised  to  appoint  all  or  any  of  the  officers, 
other  than  the  general  officers,  proper  to  be  appointed 
under  tills  act,  which  appointments  shall  be  submitted 
to  the  senate  at  the  next  session, ^for  their  advice  and 
consent. 

Sec.  9.  And  be  it  further  enacted ,  That  every  com¬ 
missioned  and  staff  officer  to  be  appointed  in  virtue  of 
this  act,  shall  be  a  citizen  of  the  United  States,  or  some 
.one  of  the  territories  thereof. 

J.  B.  VARNUM, 

Speaker  of  the  House  of  Representatives, 

GEO.  CLINTON, 
Vice-President  of  the  United  States ,  and 
President  of  the  Senate. 

April  12,  1808. 

Approved,  TH :  JEFFERSON. 

An  ACT  for  completing  the  existing  Military  Estab¬ 
lishment. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep~ 
resentatives  of  the  United  States  of  America  in  Con¬ 
gress  assembled ,  That  the  military  establishment,  as  now 
authorised  by  law,  be  immediately  completed. 

Sec.  2.  And  be  it  further  enacted ,  That  there  Le 
allowed  and  paid  to  each  effective,  able  bodied  man, 

F  2 


66 

•  •  •  • 

recruited  or  re  enlisted  for  that  service,  for  the  term 
of  five  years,  unless  sooner  discharged,  the  sum  of 
sixteen  dollars  ;  but  the  payment  of  one  half  of  the 
suid  bounty  shall  be  deferred  until  he  shall  be  mus¬ 
tered  and  have  joined  the  corps  in  which  he  is  to 
serve ;  and  whenever  any  non-commissioned  officer 
or  soldier  shall  be  discharged  from  the  service,  who 
shall  have  obtained  from  the  commanding  officer  of 
his  company,  battalion  or  regiment,  a  certificate  that 
he  had  faithfully  performed  his  duty  whilst  in  service, 
he  shall  moreover  be  allowed  and  paid,  in  addition  to 
the  aforesaid  bounty,  three  month’s  pay  and  one  hun¬ 
dred  and  sixty  acres  of  land ;  and  the  heirs  and  rep¬ 
resentatives  of  those  non-commissioned  officers  or 
soldiers,  who  may  be  killed  in  action,  or  die  in  the 
service  of  the  United  States,  shall  likewise  be  paid  and 
allowed  the  said  additional  bounty  of  three  month’s 
pay,  and  one  hundred  and  sixty  acres  of  land,  to  be  de¬ 
signated,  surveyed  and  laid  off  at  the  public  expense, 
in  such  manner  and  upon  such  terms  and  conditions, 
as  may  be  provided  by  law. 

H.  CLAY, 

Sjteaker  of  the  House  of  Representatives. 

GEO.  CLINTON, 
Vice-President  of  the  United  States ,  and 
President  of  the  Senate. 

December  24,  1811. 

Approved,  JAMES  MADISON. 

An  ACT  authorizing  the  President  of  the  U?iited  States 
to  raise  certain  Companies  of  Rangers  for  the  Protec¬ 
tion  of  the  Frontier  of  the  United  States. 

i 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep- 
resentatives  of  the  United  States  of  America  in  Congress 
assembled ,  That  the  President  of  the  United  States, 
whenever  he  shall  have  satisfactory  evidence  of  the 
actual  or  threatened  invasion  of  any  state  or  territory 


67 


of  the  United  States,  by  any  Indian  tribe  or  tribes,  be, 
and  he  is  hereby  authorized  to  raise,  either  by  the 
acceptance  of  volunteers  or  enlistmet  for  one  year, 
unless  sooner  discharged,  as  many  companies  as  he 
may  deem  necessary,  not  exceeding  six,  who  shall 
serve  on  foot  or  be  mounted,  as  the  service  in  his 
opinion  may  require,  shall  act  on  the  frontier  as  ran¬ 
gers,  be  armed,  equipped  and  organized  in  such  man¬ 
ner,  and  be  under  such  regulations  and  restrictions,  as 
the  nature  of  the  service  in  his  opinion  may  make 
necessarv. 

Sec.  2.  And  be  it  further  enacted ,  That  each  of  the 
said  companies  of  rangers  shall  consist  of  one  captain, 
one  first,  one  second  lieutenant,  one  ensign,  four  ser¬ 
geants,  four  corporals,  and  sixty  piivates. 

Sec.  3.  And  be  it  further  enacted ,  That  when  the 
said  rangers  arm  and  equip  themselves  and  provide 
their  own  horses,  they  shall  be  allowed  each  one  dollar 
per  day,  and  without  a  horse  seventy-five  cents  per 
day,  as  full  compensation  for  their  services,  rations  or 
forage,  as  the  case  may  be.  The  commissioned  offi¬ 
cers  shall  receive  the  same  pay  and  rations  as  officers 
of  the  same  grade  in  the  army. of  the  United  States. 

Sec.  4.  And  be  it  further  enacted ,  That  the  officers, 
non-commissioned  officers  and  privates,  raised  pursu¬ 
ant  to  this  act,  shall  be  entitled  to  the  like  compensa-  „ 
tion  in  case  of  disability,  by  wounds  and  otherwise,  in¬ 
curred  in  the  service,  as  officers,  non-commissioned 
officers  and  privates  in  the  present  military  establish¬ 
ment,  and  with  them  shall  be  subject  to  the  rules  and 
articles  of  war,  which  have  been  established  or  may 
hereafter  by  law  be  established  ;  and  the  provisions  of 
the  act,  entitled  “  An  act  fixing  the  military  peace  es¬ 
tablishment  of  the  United  States,”  so  far  as  they  may¬ 
be  applicable,  shall  be  extended  to  all  persons,  matters 
and  things  within  the  intent  and  meaning  of  this  act, 
in  the  same  manner  as  if  they  were  inserted  at  large  in 
the  same.  This  act  shall  take  effect  and  be  in  force 


68 


from  and  after  the  passage  thereof,  and  continue  in 
force  for  one  year,  and  from  thence  to  the  end  of  the 
next  session  of  congress. 

Sec.  5.  And  be  it  further  enacted ,  That  in  the  recess 
of  the  senate,  the  President  of  the  United  States  is 
hereby  authorized  to  appoint  all  the  officers  proper  to 
be  appointed  under  this  act  ;  which  appointments  shall 
be  submitted  to  the  senate  at  their  next  session  for 
their  advice  and  consent. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

GEO.  CLINTON, 

Vice-President  of  the  United  States ,  and 
President  of  the  Senate. 

January  2,  1812. 

-  ArrRovED,  JAMES  MADISON* 


An  ACT  to  raise  an  additional  Military  Force. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep¬ 
resentatives  of  the  United  States  of  America  in  Con¬ 
gress  assembled ,  That  there  be  immediately  raised,  ten 
regiments  of  infantry,  two  regiments  of  artillery,  and 
one  regiment  of  light  dragoons,  to  be  enlisted  for  the 
term  of  five  years  unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted ,  That  a  regiment 
of  infantry  shall  consist  of  eighteen  captains,  eighteen 
first  lieutenants,  eighteen  second  lieutenants,  eighteen 
ensigns,  seventy-two  sergeants,  seventy-two  corporals, 
thirty- six  musicians,  and  eighteen  hundred  privates, 
which  shall  form  two  battalions,  each  of  nine  com¬ 
panies.  A  regiment  of  artillery  shall  consist  of  twen¬ 
ty  captains,  twenty  first  lieutenants,  twenty  second 
lieutenants,  forty  cadets,  eighty  sergeants,  eighty 
corporals,  one  hundred  and  sixty  artificers,  forty  mu¬ 
sicians,  and  fourteen  hundred  and  forty  privates, 
which  shall  form  two  battalions,  each  of  ten  compa¬ 
nies.  The  regiment  of  cavalry  shall  consist  of  twelve 


69 

•  •  •  • 

!  captains,  twelve  first  lieutenants,  twelve  second  lieu¬ 
tenants,  twelve  cornets,  twenty-four  cadets,  forty- 
eight  sergeants,  forty-eight  corporals,  twelve  saddlers, 
twelve  farriers,  twelve  trumpeters,  and  nine  hundred 
and  sixty  privates,  which  shall  form  two  battalions, 
each  of  six  companies* 

Sec.  3.  And  be  it  further  enacted ,  That  to  each  re¬ 
giment  raised  under  this  act,  whether  of  infantry, 
artillery  or  light  dragoons,  there  shall  be  appointed 
i  one  colonel,  two  lieutenant  colonels,  two  majors,  two 
adjutants,  one  quarter  master,  one  pay  master,  one 
surgeon,  two  surgeons’  mates,  two  sergeant  majors, 
two  quarter  master  sergeants  and  two  senior  musi¬ 
cians. 

Sec.  4.  And  be  it  further  enacted ,  That  there  shall 
be  appointed  two  major  generals,  each  of  whom  shall 
be  allowed  two  aids,  to  be  taken  from  the  commis¬ 
sioned  officers  of  the  line  ;  and  five  brigadier  gene¬ 
rals.  each  of  whom  shall  be  allowed  a  brigade  major 
and  an  aid,  to  be  taken  from  the  captains  and  subal¬ 
terns  of  the  line  ;  and  there  shall  also  be  appointed 
one  adjutant  general  and  one  inspector  general,  each 
with  the  rank,  pay  and  emoluments  of  a  brigadier 
general  ;  the  said  adjutant  general  shall  be  allowed 
one  or  mere  assistants,  not  exceeding  three,  to  be 
taken  from  the  line  of  the  army,  with  the  same  pay 
and  emoluments  as  by  this  act  are  allowed  to  a  lieute¬ 
nant  colonel  ;  the  said  inspector  general  shall  be  al¬ 
lowed  two  assistant  inspectors,  to  be  taken  from  the 
line  of  the  army,  each  of  whom  shall  receive,  while 
acting  in  said  capacity,  the  same  pay  and  emoluments 
as  by  this  act  are  allowed  to  a  lieutenant  colonel  ; 
there  shall  also  be  appointed  such  number  of  hospital 
surgeons  and  mates  as  the  service  may  require,  with 
one  stewart  to  each  hospital. 

Sec.  5.  And  be  it  further  enacted ,  That  when  an 
officer  is  detached  to  serve  as  brigade  major  or  aid, 
or  as  assistant  to  the  adjutant  general  or  inspector 
general,  on  the  appointment  of  a  general  officer,  or 


'70 

•  •  ■  • 

as  adjutant  or  quarter  master  on  the  appointment  of  a 
colonei,  he  shall  not  thereby  lose  his  rank. 

Sec.  6.  And  be  it  further  enacted ,  That  the  major 
generals  respectively  shall  be  entitled  to  two  hundred 
dollars  monthly  pay,  with  twenty  dollars  allowance 
for  forage,  monthly,  and  fifteen  rations  per  day. 
Their  aids  de  camp  shall  each  be  entitled  to  twenty- 
four  dollars  monthly,  in  addition  to  their  pay  in  the 
line,  and  ten  dollars  monthly  for  forage,  and  four  ra¬ 
tions.  The  brigadier  generals,  respectively,  shall  be 
entitled  to  one  hundred  and  four  dollars  monthly  pay, 
twelve  rations  per  day,  and  sixteen  dollars  per  month 
for  forage,  when  not  found  by  the  public. 

Sec.  7.  And  be  it  further  enacted ,  That  all  other 
officers,  cadets,  non-commissioned  officers,  musicians, 
artificers  and  privates,  authorized  by  this  act,  shall 
receive  the  like  pay,  forage,  rations,  clothing,  and 
other  emoluments,  as  the  officers  of  the  same  grade 
and  corps,  cadets,  non-commissioned  officers,  musi¬ 
cians,  artificers  and  privates,  of  the  present  military 
establishment. 

Sec.  3.  And  be  it  further  enacted ,  That  each  ration 
shall  consist  of  one  pound  and  a  quarter  of  beef,  or 
three  quarters  of  a  pound  of  pork,  eighteen  ounces  of 
bread  or  flour,  one  gill  of  rum,  whisky  or  brandy  } 
and  at  the  rate  of  two  quarts  of  salt,  four  quarts  of 
vinegar,  four  pounds  of  soap,  and  one  pound  and  a 
half  of  candles,  to  every  hundred  rations. 

Sec.  9.  And  be  it  further  enact  ed,  That  every  non¬ 
commissioned  officer,  musician  and  private  of  the  ar¬ 
tillery  and  infantry,  shall  receive  annually  the  follow¬ 
ing  articles  of  uniform  clothing,  to  wit :  one  hat,  one 
coat,  one  vest,  two  pair  of  woollen  and  two  pair  of  lin¬ 
en  overalls,  one  coarse  linen  frock  and  trowsers  for 
fatigue  clothing,  four  pair  of  shoes,  four  shirts,  two 
pair  of  socks,  two  pair  of  short  stockings,  one  blankeq 
one  stock  and  clasp,  and  one  pair  of  half  gaiters  : 
And  the  secretary  of  war  is  hereby  authorized  to 
cause  to  be  furnished  to  the  pay  masters  of  the  re- 


71 

•  •  •  • 

spective  districts,  such  surplus  of  clothing  as  he  may 
deem  expedient,  which  clothing  shall,  under  his  di¬ 
rection,  be  furnished  to  the  soldiers,  when  necessary, 
at  the  contract  pi  ices,  and  accounted  for  by  them  out 
of  their  arrears  of  monthly  pay. 

Sec.  10.  And  be  it  further  enacted ,  That  the  of¬ 
ficers,  non-commissioned  officers,  musicians  and  pri¬ 
vates  of  the  said  corps,  shall  be  governed  by  the  rules 
and  articles  of  war,  which  have  been  established  by 
the  United  States  in  congress  assembled,  or  by  such 
rules  and  articles  as  may  be  hereafter,  by  law,  estab¬ 
lished. 

Sec.  11.  And  be  it  further  enacted,  That  the  com¬ 
missioned  officers  who  shall  be  employed  in  the  re¬ 
cruiting  service,  shall  be  entitled  to  receive  for  every 
effective  able  bodied  man,  who  shall  be  duly  enlisted 
by  him  for  the  term  of  five  years,  and  mustered,  (and 
between  the  ages  of  eighteen  and  forty  five  years)  the 
sum  of  two  dollars  :  Provided  nevertheless ,  That  this 
regulation,  so  far  as  respects  the  age  of  the  recruit, 
shall  hot  extend  to  musicians  or  to  those  soldiers  who 
may  re-inlist  in  the  service  :  And  provided  also ,  That 
no  person  under  the  age  of  twenty-one  years  shall  be 
enlisted  by  any  officer,  or  held  in  the  service  of  the 
United  States,  without  the  consent,  in  writing,  of  his 
parent,  guardian  or  master,  first  had  and  obtained,  if 
any  he  have  ;  and  if  any  officer  shall  enlist  any  per¬ 
son  contrary  to  the  true  intent  and  meaning  of  this 
act,  for  every  such  offence  he  shall  forfeit  and  pay  the 
amount  of  the  bounty  and  clothing  which  the  person 
so  recruited  may  have  received  from  the  public,  to  be 
deducted  out  of  the  pay  and  emoluments  of  such  of¬ 
ficer. 

Sec.  12.  And  be  it  further  enacted,  That  there  shall 
be  allowed  and  paid  to  each  effective  able  bodied  man, 
recruited  as  aforesaid,  to  serve  for  the  term  of  five 
years,  a  bounty  of  sixteen  dollars  ;  but  the  payment 
of  eight  dollars  of  the  said  bounty  shall  be  defer¬ 
red  until  he  shall  be  mustered,  and  have  joined 


some  military  corps  of  the  United  States  for  service. 
And  whenever  any  non-cemmissioned  officer  or  sol¬ 
dier  shall  be  discharged  from  the  service,  who  shall 
have  obtained  f  om  the  commanding  officer  of  his 
company,  battalion  or  regiment,  a  certificate  that  he 
had  faithfully  performed  his  duty  whilst  in  service,  he 
shall  moreover  be  allowed  and  paid  in  addition  to  the 
said  bounty,  three  month’s  pay,  and  one  hundred  and 
sixty  acres  of  land  ;  and  the  heirs  and  representatives 
of  those  non-commissioned  officers  or  soldiers,  who 
may  be  killed  in  action  or  die  in  the  service  of  the 
United  States,  shall  likewise  be  paid  and  allowed  the 
said  additional  bounty  of  three  months  pay,  and  one 
hundred  and  sixty  acres  of  land,  to  be  designated,  sur¬ 
veyed  and  laid  off  at  the  public  expense,  in  such  man¬ 
ner,  and  upon  such  terms  and  conditions,  as  may  be 
provided  by  law.  „ 

Sec.  13.  And  be  it  further  enacted ,  That  the  said 
corps  shall  be  paid  in  such  manner,  that  the  arrears 
shall,  at  no  time,  exceed  two  months,  unless  the  cir* 
cumstances  of  the  case  shall  render  it  unavoidable. 

Sec.  14.  And  be  it  further  enacted ,  That  if  any  of¬ 
ficer,  non-commissioned  officer,  musician  or  private, 
shall  be  disabled  by  wounds  or  otherwise,  w'hi’e  in  the 
line  of  his  duty  in  public  service,  he  shall  be  placed 
on  the  list  of  invalids  of  the  United  States,  at  such 
rate  of  pension,  and  under  such  regulations  as  are  or 
may  be  directed  by  law  :  Provided  always^  That  the 
compensation  to  be  allowed  for  such  wounds  or  dis¬ 
abilities,  to  a  commissioned  officer,  shall  not  exceed 
for  the  highest  rate  of  disability  half  the  monthly  pay 
of  such  officer,  at  the  time  of  his  being  disabled  or 
wounded  ;  and  that  no  officer  shall  receive  more  than 
the  half  pay  of  a  lieutenant-colonel  ;  and  that  the  rate 
of  compensation  to  non-commissioned  officers,  musi¬ 
cians  and  privates,  shall  not  exceed  five  dollars  per 
month  :  And  fi*ovided  also ,  That  all  inferior  disabili¬ 
ties  shall  entitle  the  persons  so  disabled  to  receive  an 
allowance  proportionate  to  the  highest  disability. 


Sec.  15.  And  be  it  further  enacted ,  That  if  any* 
commissioned  officer,  in  the  military  establishment  of 
the  United  States,  shall,  while  in  the  service  cf  the 
United  States,  die,  by  reason  of  any  wound  received 
in  actual  service  of  the  United  States,  and  leave  a, 
widow,  or  if  no  widow,  a  child  or  children  under  six¬ 
teen  years  of  age,  such  widow,  or  if  no  widow,  such 
child  or  children,  shall  be  entitled  to  receive  half  the 
monthly  pay  to  which  the  deceased  was  entitled  at  the 
time  of  his  death,  for  and  during  the  term  cf  five 
years  :  But  in  case  of  the  death  or  intermarriage  of 
such  widow,  before  the  expiration  of  the  said  term  of 
fiye  years,  the  half  pay  for  the  remainder  of  the  time 
shall  go  to  the  child  or  children,  of  such  deceased  offi¬ 
cer:  Provided  always ^  That  such  half  pay  shall  cease 
on  the  decease  of  such  child  or  children. 

Sec.  16.  And  be  it  further  enacted ,  That  if  any  non¬ 
commissioned  officer,  musician  or  private,  shall  desert 
the  service  of  the  United  States,  he  shall,  in  addition, 
to  the  penalties  mentioned  in  the  rules  and  articles  of 
war,  be  liable  to  serve  for  and  during  such  a  period  as 
shall,  with  the  time  he  may  have  served  previous  to  his 
desertion,  amount  . to  the  full  term  of  his  enlistment ; 
and  such  soldier  shall  and  may  be  tried  by  a  court  mar¬ 
tial,  and  punished,  although  the  term  of  his  enlistment 
may  have  elapsed  previous  to  his  being  apprehended 
or  tried. 

Sec.  17.  And  be  it  further  enacted ,  That  every 
person  not  subject  to  the  rules  and  articles  of  war, 
who  shall  procure  or  entice  a  soldier,  in  the  service 
of  the  United  States,  to  desert  :  or  who  shall  purchase 
from  any  soldier,  his  arms,  uniform  clothing,  or  any 
part  thereof ;  and  every  captain  or  commanding  offi¬ 
cer  of  any  ship  or  vessel,  who  shall  enter  on  board 
such  ship  or  vessel  as  one  of  his  crew,  knowing  him 

I  to  have  deserted,  or  otherwise  carry  away  any  such 
soldier,  or  shall  refuse  to  deliver  him  up  to  the  or¬ 
ders  of  his  commanding  officer,  shall  upon  legal  con¬ 
viction,  be  fined  at  the  discretion  of  any  court  having 


cognizance  of  the  same,  in  any  sum  not  exceeding 
three  hundred  dollars,  and  be  imprisoned  any  term  not 
exceeding  one  year. 

Sec.  18.  And  be  it  further  enacted,  That  every  of¬ 
ficer,  non-commissioned  officer,  musician  and  private, 
shall  take  and  subscribe  the  following  oath  or  affirma¬ 
tion,  to  wit ;  I,  B.  do  solemnly  swear  or  affirm, 
(as  the  case  may  be)  that  I  will  bear  true  .faith  and  ai- 
legiance  to  the  United  States  of  America,  and  that  I 
will  serve  them  honestly  and  faithfully  against  their 
enemies  or  opposers  whomsoever ;  and  that  I  will 
observe  and  obey  the  orders  of  the  President  of  the 
United  States,  and  the  orders  of  the  officers  appoint¬ 
ed  over  me,  according  to  the  rules  and  articles  of 
war. 

Sec.  19.  And  be  it  further  enacted,  That  there  shall 
be  appointed  to  each  division  a  judge  advocate,  who 
shall  be  entitled  to  the  same  pay  and  emoluments  as 
a  major  in  the  infantry  ;  or  if  taken  from  the  line  of 
the  army,  shall  be  entitled  to  thirty  dollars  per  month, 
in  addition  to  his  pay,  and  the  same  allowance  for 
forage  as  is  allowed  by  law  for  a  major  of  infantry. 

Sec.  20.  And  be  it  further  enacted ,  That  where  any 
commissioned  officer  shall  be  obliged  to  incur  any 
extra  expense  in  travelling  and  sitting  on  general 
courts  martial,  he  shall  be  allowed  a  reasonable  com¬ 
pensation  for  such  extra  expense  actualiy  incurred, 
not  exceeding  one  dollar  and  twenty-five  cents  per 
clay  to  officers  who  are  not  entitled  to  forage,  and  not 
exceeding  one  dollar  per  day  to  such  as  shall  be  en¬ 
titled  to  forage. 

Sec.  21.  And  be  it  further  enacted ,  That  no  non¬ 
commissioned  officer,  musician  or  private,  during  the 
term  of  his  service,  shall  be  arrested  on  mesne  pro¬ 
cess,  or  taken  or  charged  in  execution  for  any  debt  or 
debts  contracted  before  enlistment,  which  were  sev¬ 
erally  under  twenty  dollars  at  the  time  of  contracting 
the  same,  nor  for  any  debt  whatever  contracted  after 
enlistment, 


73 

*  •  •  »  i 

Sec.  22.  And  be  it  further  enacted ,  That  whenever 
any  officer  or  soldier  shall  be  discharged  from  the 
service,  except  by  way  of  punishment  for  any  offence, 
he  shall  be  allowed  his  pay  and  rations,  or  an  equiva¬ 
lent  in  money,  for  such  term  of  time  as  shall  be  suf¬ 
ficient  for  him  to  travel  from  the  place  of  discharge 
to  the  place  of  his  residence,  computing  at  the  rate  of 
twenty  miles  to  a  day. 

Sec.  23.  And  be  it  further  enacted ,  That  the  sub¬ 
sistence  of  the  officers  of  the  army,  when  not  received 
in  kind,  shall  be  estimated  at  twenty  cents  per  ration. 

Sec.  24.  And  be  it  further  enacted ,  That  there 
shall  be  appointed  to  each  brigade,  one  chaplain,  who 
shall  be  entitled  to  the  same  pay  and  emoluments  as 
a  major  in  the  infantry. 

Sec.  25.  And  be  it  further  enacted ,  That  no  gene¬ 
ral,  field  or  staff  officer,  who  may  be  appointed  by 
virtue  of  this  act,  shall  be  entitled  to  receive  any  pay 
or  emoluments  until  he  shall  be  called  into  actual 
service,  nor  for  any  longer  time  than  he  shall  con¬ 
tinue  therein. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

GEO.  CLINTON, 

Vice-President  of  the  United  States,  and 
President  cf  the  Senate. 

January  11,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  authorizing  the  President  of  theUnited  States 
to  accept  and  organize  certain  Volunteer  Military 
Corps. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep¬ 
resentatives  of  the  United  States  of  America  in  Congress 
assembled ,  That  the  President  of  the  United  States 
be,  and  he  is  hereby  authorized  to  accept  of  any  com¬ 
pany  or  companies  of  volunteers,  either  of  artillery, 
cavalry  or  infantry,  who  may  associate  and  offer  them- 


76 

•  »  •  • 

selves  for  the  service,  net  exceeding  fifty  thousand 
men,  who  shall  be  clothed,  and  in  case  of  cavalry,  fur¬ 
nished  with  horses,  at  their  own  expense,  and  armed 
and  equipped  at  the  expense  of  the  United  States,  af¬ 
ter  they  shall  be  called  into  service,  and  whose  com¬ 
missioned  officers  shall  be  appointed  in  the  manner 
prescribed  by  law  in  the  several  states  and  territories 
to  which  such  companies  shall  respectively  belong  : 
Provided ,  That  where  any  company,  battalion,  regi¬ 
ment,  brigade  or  division,  of  militia,  already  organiz¬ 
ed,  shall  tender  their  voluntary  service  to  the  Unit¬ 
ed  States,  such  company,  battalion,  regiment,  brigade 
or  division,'  shall  continue  to  be  commanded  by  the 
officers  holding  commissions  in  the  same,  at  the  time 
of  such  tender,  and  any  vacancy  thereafter  occurring, 
shall  be  filled  in  the  mode  pointed  out  by  law  in  the 
state  or  territory,  wherein  the  said  company,  battal¬ 
ion,  regiment,  brigade  or  division,  shall  have  been 
originally  raised. 

Sec.  2.  And  be  it  further  enacted ,  That  any  com¬ 
pany,  battalion,  regiment,  brigade  or  division,  thus 
offering  itself  for  the  service,  shall  be  liable  to  be 
called  upon  to  do  military  duty,  at  any  time  the  Pres¬ 
ident  of  the  United  States  shall  judge  proper,  within 
two  years  after  he  shall  have  accepted  the  same,  and 
shall  be  bound  to  continue  in  service  for  the  term  of 
twelve  months  after  they  shall  have  arrived  at  the 
place  of  rendezvous,  unless  sooner  discharged  ;  and. 
when  so  called  into  service,  and  whilst  remaining 
therein,  shall  be  under  the  same  rules  and  regula¬ 
tions,  and  be  entitled  to  the  same  pay,  rations,  forage, 
and  emoluments  of  every  kind,  bounty  and  clothing 
excepted,  with  the  regular  troops  of  the  United 
States  :  Provided ,  That  in  lieu  of  clothing,  every  non¬ 
commissioned  officer  and  private,  in  any  company, 
who  may  thus  offer  themselves,  shall  be  entitled, 
when  called  into  service,  to  receive  in  money  a  sum 
equal  to  the  cost  of  the  clothing  of  a  non-commission¬ 
ed  officer  or  private,  (as  the  case  maybe)  in  the  reg¬ 
ular  troops  of  the  United  States. 


77 

•  •  a  • 

Sec.  3.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  of  the  United  States  be,  and  he  hereby  is  author¬ 
ized,  to  organize  the  companies  so  tendering  their 
services  as  aforesaid,  into  battalions,  squadrons,  regi¬ 
ments,  brigades  and  divisions,  as  soon  as  the  num¬ 
ber  of  volunteers  shall  render  such  organization  in 
his  judgment  expedient ;  but,  until  called  into  actual 
service,  such  companies  are  not  to  be  considered 
as  exempt  from  the  performance  of  militia  duty,  as  is 
required  by  law,  in  like  manner  as  before  the  passage; 
of  this  act. 

Sec.  4.  And  be  it  further  enacted ,  That  in  case  any 
volunteer  above  mentioned,  while  in  actual  service, 
shall  sustain  any  damage,  by  injury  done  to  his  horse, 
or  such  other  equipment  as  shall  have  been  furnish¬ 
ed  at  his  own  expense,  or  by  loss  of  the  same,  with¬ 
out  any  fault  or  negligence  on  his  part,  a  reasonable 
sum,  to  be  ascertained  in  such  manner  as  the  Presi¬ 
dent  of  the  United  States  may  direct,  shall  be  allow¬ 
ed  and  paid  to  such  volunteer,  for  each  and  every 
such  loss  or  damage. 

Sec.  5.  And  be  it  further  enacted ,  That  if  any  offi¬ 
cer,  non-commissioned  officer,  musician  or  private, 
shall  be  disabled  by  wounds  or  otherwise,  while  in 
the  line  of  his  duty  in  public  service,  he  shall  be 
placed  on  the  list  of  invalid  pensioners  of  the  United 
States,  at  such  rate  of  pension  and  under  such  regu¬ 
lations  as  are  or  may  be  directed  by  law  :  Provided 
always ,  That  the  compensation  to  be  allowed  for  such 
wounds  or  disabilities,  to  a  commissioned  officer, 
shall  not  exceed,  for  the  highest  rate  of  disability, 
half  the  monthly  pay  of  such  officer,  at  the  time  of 
his  being  wounded  or  disabled,  and  that  no  officer 
shall  receive  more  than  the  half  pay  of  a  lieutenant 
colonel  :  And  that  the  rate  of  pension  to  non-com¬ 
missioned  officers,  musicians  and  privates,  shall  not 
exceed  live  dollars  per  month  ;  And  provided  also , 
That  all  inferior  disabilities  shall  entitle  the  person  so 
disabled  to  receive  an  allowance  proportionate  to  tjie 
highest  disability. 

G  2 


78 

•  •  •  « 

Sec.  6^  And  be  it  further  enacted ,  That  the  heirs 
and  representatives  of  any  non-commissioned  officer 
or  soldier,  who  may  be  killed  in  action,  or  die  in  the 
actual  service  of  the  United  States,  shall  be  entitled 
to  receive  one  hundred  and  sixty  acres  of  land  ;  to  be 
designated,  surveyed  and  laid  -off,  at  the  public  ex¬ 
pense,  in  such  manner  and  upon  such  terms  and  con¬ 
ditions  as  may  be  provided  by  law. 

Sec.  7.  And  be  it  further  enacted ,  That  upon  the 
discharge  of  any  non-commissioned  officer  or  soldier 
who  shall  have  been  accepted  under  the  provisions 
of  this  act,  and  shall  have  been  in  actual  service  for  a 
period  not  less  than  one  month,  and  shall  have  ob¬ 
tained  from  the  commanding  officer  of  his  company, 
battalion  or  regiment,  a  certificate  that  he  had  faith¬ 
fully  performed  his  duty  while  in  service,  such  non¬ 
commissioned  officer  or  soldier,  if  attached  to  the  ar¬ 
tillery  or  infantry,  shall  be  presented  with  a  musket, 
bayonet,  and  other  personal  equipments,  or,  if  attach¬ 
ed  to  the  cavalry,  with  the  sabre  and  pistols  furnish¬ 
ed  him  by  the  United  States,  as  a  public  testimonial 
of  the  promptitude  and  zeal  with  which  he  shall  have 
volunteered  in  support  of  the  rights  and  honor  of  the 
country. 

Sec.  8.  And  be  it  further  enacted ,  That  the  sum  of 
one  million  of  dollars  be  appropriated  to  defray  the 
expenses  which  may  be  incurred  under  the  provisions 
of  this  act,  to  be  paid  out  of  any  money  in  the  treas¬ 
ury  not  otherwise  appropriated. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

GEO.  CLINTON, 

Vice-President  of  the  United  States ,  and 
President  of  the  Senate. 

February  6,  IS  12. 

Approved,  JAMES  MADISON. 


79 


An  ACT  supplementary  to  u  An  Act  to  raise,  for  a 
limited  Time,  an  additional  Military  Force passed  on 
the  twelfth  day  of  April,  one  thousand  eight  hun¬ 
dred  and  eight. 

Sec.  1.  Beit  enacted  by  theSenate  andHouse  of  Rep¬ 
resentatives  of  the  United  States  of  America  in  Con¬ 
gress  assembled ,  That  whenever,  in  the  opinion  oh  the 
President  of  the  United  States.it  is  expedientto  mount 
the  light  artillery,  or  any  part  thereof,  horses  and  ac¬ 
coutrements  shall  be  provided  to  equip  the  whole  or 
such  part  as  he  may  direct  ;  and  when  the  non-com¬ 
missioned  officers,  musicians,  artificers  and  privates 
are  so  equipped,  the  officers  shall  be  entitled  to  the 
same  forage  as  is  now  provided  for  the  officers  of  the 
same  grade  in  the  regiment  of  light  dragoons  :  Pro¬ 
vided,  The  officers  furnish  their  own  horses,  and  ac¬ 
coutrements,  and  actually  keep  in  service  the  same 
number  of  horses  to  entitle  them  to  the  aforesaid  al¬ 
lowance  for  forage  or  its  equivalent  in  money. 

Sec.  2.  And  be  it  further  enacted,  That  whenever 
the  said  light  artillery  are  ordered  to  be  mounted, 
there  shall  be  provided  one  saddler  and  one  farrier  to 
each  company,  who  shall  be  entitled  to  the  same  pay 
and  emoluments  as  are  now  provided  for  saddlers  and 
farriers  in  the  regiment  of  light  dragoons. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

GEO.  CLINTON, 

Vice-President  of  the  United  States ,  and 
President  of  the  Senate. 
February  24,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  supplementary  to  u  An  Act  to  raise  an  addi¬ 
tional  Military  Force  f 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America  in 
■Congress  assembled ,  That  the  non-commissioned  of- 


ftcers,  musicians  and  privates  of  the  light  dragoons, 
shall  receive  the  same  uniform  clothing  as  is  now 
provided  by  law  for  the  artillery  and  infantry,  except¬ 
ing  one  pair  of  gaiters  and  four  pair  of  shoes,  in  lieu 
of  which,  each  person  shall  be  annually  entitled  to 
receive  one  pair  of  boots  and  two  pair  of  shoes. 

Sec.  2.  And  be  it  further  enacted ,  That  the  non¬ 
commissioned  officers,  musicians  and  privates  of  the 
regiment  of  light  artillery,  shall  receive  the  same 
clothing  as  the  light  dragoons,  when  ordered  to  be 
mounted. 

Sec.  3.  And  be  it  further  enacted,  That  all  the  offi-* 
cers,  excepting  general  officers  who  may  be  appoint¬ 
ed  during  the  present  session  of  Congress,  under  the 
«  act  to  raise  an  additional  military  force,”  shall  take 
rank  in  such  manner,  as  the  President  of  the  United 
States  shall  direct,  without  regard  to  priority  of  ap¬ 
pointment. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives . 

GEO.  CLINTON, 

Vice-President  of  the  United  States ,  and 
President  of  the  Senate. 

March  17,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  to  establish  a  Quarter  Master's  Department , 
and  for  other  Purposes . 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America  in 
Congress  assembled ,  That  there  be,  and  hereby  is  es¬ 
tablished  a  quarter  master’s  department  for  the  army 
of  the  United  States,  to  consist  of  a  quarter  master 
general,  four  deputy  quarter  masters,  and  as  many 
assistant  deputy  quarter  masters  as,  in  the  opinion  of 
the  President  of  the  United  States,  the  public  service 
may  require  ;  the  quarter  master  general  and  deputy 
quarter  masters  to  be  appointed  by  the  President,  by 


81 

#  •  9  • 

and  with  the  advice  and  consent  of  the  senate,  and 
the  assistant  deputy  quarter  masters  by  the  President 
alone.  And  he  hereby  is  authorized,  moreover,  to 
appoint  such  additional  number  of  deputy  quarter 
masters,  not  exceeding  four,  to  be  taken  from  the 
lines  or  not,  at  his  discretion,  as  in  his  judgment  the 
public  service  may  require. 

Sec.  2.  And  be  it  further  enacted,  That  the  quarter 
master  general  shad  be  entitled  to  the  rank,  pay  and 
emoluments  of  a  brigadier  general,  under  the  act  of 
the  twelfth  of  April,  one  thousand  eight  hundred  and 
eight,  with  forage  for  two  additional  horses  ;  the  de¬ 
puty  quarter  masters,  when  not  taken  from  the  line, 
shall  be  entitled  to  receive  sixty  dollars  per  month, 
five  rations  per  day  and  forage  for  two  horses  ;  but  if 
taken  from  the  line,  then  such  additional  pay  and 
emoluments  as  shall  be  equal  to  the  foregoing  pro¬ 
vision  ;  the  assistant  deputy  quarter  masters,  when 
not  taken  from  the  line,  shall  be  entitled  to  and  re¬ 
ceive  forty  dollars  per  month,  three  rations  per  day 
and  forage  for  one  horse  ;  but  if  taken  from  the  line, 
then  such  additional  pay  and  emoluments  as  shall  be 
equal  to  the  foregoing  provision. 

Sec.  3.  And  be  it  f  urther  enacted,  That  in  addition 
to  their  duties  in  the  field,  it  shall  be  the  duty  of  the 
quarter  master  general,  his  deputies  and  assistant  de¬ 
puties,  when  thereto  directed  by  the  secretary  of  war, 
to  purchase  military  stores,  camp  equipage  and  other 
articles  requisite  for  the  troops  ;  and  generally  to 
procure  and  provide  means  of  transport  for  the  army, 
its  stores,  artillery,  and  camp  equipage.  That  the 
quarter  master  general  shall  account,  as  often  as  may 
be  required,  and  at  least  once  in  three  months,  with 
the  department  of  war,  in  such  manner  as  shall  be 
prescribed,  for  all  property  which  may  pass  through 
his  hands,  or  the  hands  of  the  subordinate  officers  in 
his  department,  or  that  may  be  in  his  or  their  care  or 
possession,  and  for  all  monies  which  he  or  they  may 
expend  in  discharging  their  respective  duties ;  that 


he  shall  be  responsible  for  the  regularity  and  correct¬ 
ness  of  all  returns  in  his  department,  and  that  he,  his 
deputies  and  assistant  deputies,  before  they  enter  ont 
the  execution  of  their  respective  offices,  shall  several¬ 
ly  take  an  oath  faithfully  to  perform  the  duties  thereof. 

Sec.  4.  And  be  it  further  enacted ,  That  there  shall 
be  a  commissary  general  of  purchases,  and  as  many 
deputy  commissaries  as,  in  the  opinion  of  the  Presi¬ 
dent  of  the  United  States,  the  public  service  may  re-  } 
quire,  to  be  appointed  by  the  President,  by  and  with 
the  advice  and  consent  of  the  Senate. 

Sec.  5.  And  be  it  further  enacted ,  That  it  shall  be 
the  duty  of  the  commissary  general  of  purchases,  un¬ 
der  the  direction  and  supervision  of  the  secretary  of 
war,  to  conduct  the  procuring  and  providing  of  all 
arms,  military  stores,  clothing,  and  generally  all  ar¬ 
ticles  of  supply  requisite  for  the  military  service  of 
the  United  States ;  and  it  shall  be  the  duty  of  the 
deputy  commissaries,  when  directed  thereto,  either 
by  the  secretary  of  war,  the  commissary  general  of 
purchases,  or  in  cases  of  necessity,  by  the  command¬ 
ing  general,  quarter  master  general,  or  deputy  quar¬ 
ter  masters,  to  purchase  all  such  of  the  aforesaid  ar¬ 
ticles  as  may.be  requisite  for  the  military  service  of 
the  United  States. 

Sec.  6.  And  be  it  further  enacted ,  That  neither 
the  quarter  master  general  nor  the  commissary  gen¬ 
eral  shall,  directly  or  indirectly,  be  concerned  or  in¬ 
terested  in  carrying  on  the  business  of  trade  or  com¬ 
merce,  or  be  owner  in  whole  or  in  part  of  any  sea 
vessel,  nor  shall  either  of  them  purchase  by  himself, 
or  another  in  trust  for  him,  public  lands  or  any  other 
public  property,  or  be  concerned  in  the  purchase  or 
disposal  of  any  public  securities  of  any  state,  or  of 
the  United  States,  or  take  or  apply  to  his  own  use  any 
emolument  or  gain  for  negociating  or  transacting  any 
business  in  the  said  department,  other  than  what  shall 
be  allowed  by  law  ;  and  if  either  the  said  quarter 
master  general  or  commissary  general  shall  offend 


against  any  of  the  prohibitions  of  this  act,  the  parties 
so  offending  shall,  upon  conviction,  forfeit  to  the 
United  States  the  penalty  ol  three  thousand  dollars, 
and  may  be  imprisoned  for  a  term  not  exceeding  five* 
years,  and  shall  be  removed  from  office,  and  be  for 
ever  thereafter  incapable  of  holding  any  office  under 
the  United  States. 

Sec.  7.  And  be  it  further  enacted ,  That  the  salary 
of  the  commissary  general  of  purchases  shall  be  three 
thousand  dollars  per  annum ;  and  the  compensation 
to  a  deputy  commissary  shall  not  exceed  two  and  one 
half  per  centum  on  the  public  monies  disbursed  by 
him,  noi  in  any  instance  the  sum  of  two  thousand 
dollars  per  annum. 

Sec.  8.  And  be  it  further  enacted ,  That  the  com¬ 
missary  general  of  purchases  shall,  before  he  enters 
upon  his  duties,  give  bond  with  sufficient  surety,  to 
be  approved  of  by  the  secretary  of  war,  in  the  sum  of 
fifty  thousand  dollars  ;  and  the  deputy  commissaries 
each  in  the  sum  of  ten  thousand  dollars,  with  condi¬ 
tion  for  the  faithful  performance  of  the  duties  of  their 
office  respectively,  which  bonds  shall  be  lodged  with 
the  comptroller  of  the  treasury. 

Sec.  9.  And  be  it  further  enacted,  That  from  and 
after  the  last  day  of  May  next,*so  much  of  the  act  en¬ 
titled  an  act  to  establish  the  office  of  purveyor  of 
public  supplies,  as  relates  to  the  appointment  and 
services  of  a  purveyor  of  public  supplies,  be,  and  the 
same  is  hereby  repealed  ;  and  in  the  mean  time,  the 
puiveyoi  shall  deliver  over  to  the  commissary  geri- 
eial  oi  one  of  his  deputies,  the  public  stores  and  pro- 

peity  sorts  m  his  possession,  who  shall  receipt 
to  him  for  the  same. 

Sec.  10.  And  be  it  further  enacted ,  That  ail  letters 
and  packets  to  and  from  the  quarter  master  general 
ana  commissary  general,  shall  be  free  from  postage. 

Sec.  11.  And  be  it  further  enacted,  That  there  be 
a  owed  foi  the  compensation  of  the  necessary  clerks 
in  die.  quarter  master  general’s  office,  a  sum  not  ex- 


84 

*  9  *  • 

ceeding  fifteen  hundred  dollars  a  year ;  and  for  the 
compensation  of  the  clerks  of  the  commissary  gen¬ 
eral,  a  sum  not  exceeding  seventeen  hundred  dollars 
per  annum,  with  such  books  and  stationary  as  may  be 
necessary  to  the  quarter  master  general’s  and  com¬ 
missary  general’s  departments. 

Sec.  12.  And  be  it  further  enacted,  That  the  quar¬ 
ter  master  general  be  authorized  to  appoint  a  princi¬ 
pal  waggon  master,  and  as  many  waggon  masters  as 
he  may  judge  necessary  for  the  service  of  the  army, 
not  exceeding  one  to  each  brigade,  whose  duty  shall 
be,  under  the  direction  of  the  quarter  master  general 
or  any  of  his  deputies,  to  provide  and  conduct  the 
waggons  and  other  means  of  transport  necessary 
and  proper  for  the  military  service  of  the  United 
States. 

Sec.  13.  And  be  it  further  enacted ,  That  no  wag¬ 
gon  master  shall  directly  or  indirectly  be  concerned 
or  interested  in  any  waggon,  or  means  of  transport 
employed  in  the  service  of  the  United  States;  nor 
in  the  purchase  or  sale  of  any  horses,  harness,  wag¬ 
gons  or  other  means  of  transport,  procured  for  or  be¬ 
longing  to  the  United  States,  except  as  agent  for  the 
United  States. 

Sec,  14.  And  be  it  further  enacted ,  That  the  prin¬ 
cipal  waggon  master  shall  be  entitled  to  receive  forty 
dollars  per  month,  three  rations  per  day,  and  forage 
for  one  horse  ;  and  each  waggon  master  shall  be  en¬ 
titled  to  receive  thirty  dollars  per  month,  two  rations 
per  day  and  forage  for  one  horse. 

Sec.  15.  And  be  it  further  enacted ,  That  the  quar¬ 
ter  master  general  be  authorized  to  appoint  one  prin¬ 
cipal  forage  master,  and  as  many  assistant  forage 
masters  as  the  nature  of  the  service  may  require,  not 
exceeding  one  to  each  brigade,  whose  duty  shall  be, 
under  the  direction  of  the  quarter  master  general  or 
any  of  his  deputies,  to  provide  and  deliver  out  forage, 
necessary  and  proper  for  the  military  service  of  the 
United  States  ,  nor  shall  any  forage  master  be  direct- 


85 

•  •  •  • 

ly  or  indirectly  concerned  in  the  purchase  or  sale  of 
any  article  of  forage  procured  for  or  belonging  to  the 
United  States,  except  as  an  agent  for  the  United 
States. 

Sec.  16.  And  be  it  further  enacted.  That  the  prin¬ 
cipal  forage  master  shall  be  entitled  to  and  receive  for¬ 
ty  dollars  per  month,  three  rations  per  day,  and  forage 
for  two  horses  ;  and  that  the  other  forage  masters 
Shall  be  entitled  to  and  receive  thirty  dollars  per 
month,  two  rations  per  day,  and  forage  for  one 
horse. 

Sec.  17.  Aiid  be  it  further  enacted ,  That  there  shall 
be  four  conductors  of  artillery,  who  shall  be  appoint¬ 
ed  by  the  President  alone,  each  of  whom  shall  be  en¬ 
titled  to  the  pay  and  emoluments  of  a  lieutenant  of 
artillery. 

Sec.  18.  And  be  it  further  enacted ,  That  this  act 
shall  go  into  operation  on  the  first  day  of  April  next; 
and  that  so  much  of  the  act  fixing  the  military  peace 
establishment  of  the  United  States,  as  respects  the 
appointment  of  military  agents  and  assistant  military 
agents,  be,  and  the  same  is  hereby  repealed,  from 
and  after  that  day  ;  but  all  those  agents  shall  contin¬ 
ue  to  perform  their  respective  duties  in  the  mean 
time,  and  until  the  deputy  and  assistant  deputy  quar¬ 
ter  masters  shall  be  appointed  and  ready  to  enter  on 
the  execution  of  their  respective  offices ;  to  whom 
the  said  military  agents  and  assistant  military  agents 
^hall  then  deliver  all  the  public  stores  and  property 
in  their  possession. 

Sec.  19.  And  be  it  further  enacted ,  That  all  per¬ 
sons  attached  to  the  public  service  by  virtue  of  this 
act,  shall  be  subject  to  military  law,  except  the  deputy 
commissaries. 

Sec.  20.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  may  and  he  hereby  is  authorized  in  the  recess  of 
the  senate,  to  appoint  the  quarter  master  general,  de¬ 
puty  quarter  masters,  commissary  general  and  de¬ 
puty  commissaries,  or  any  of  them  ;  which  appoint* 


86 


ments  shall  be  submitted  to  the  senate  at  their  next 
session,  for  their  advice  and  consent. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

WM.  H.  CRAWFORD, 
President  of  the  Senate ,  pro  tempore . 
March  28,  1812.  Approved,  JAMES  MADISON. 


An  ACT  in  addition  to  the  Act ,  entitled  “  An  Act  to 

raise  an  additional  Military  Force f  passed  January 

11,  1812. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  bnited  States  of  America,  in 
Congress  assembled ,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  empowered  to  cause  to  be 
enlisted  for  the  term  of  eighteen  months,  unless  soon¬ 
er  discharged,  such  part  of  the  light  dragoons,  artil¬ 
lery  and  infantry,  authorized  by  the  act,  entitled  “  an 
act  to  raise  an  additional  military  force,”  as  he  may 
deem  expedient :  Provided ,  the  whole  number  so  to  be 
enlisted  for  eighteen  months,  shall  not  exceed  fifteen 
thousand,  any  thing  in  the  said  recited  act  to  the  con¬ 
trary  notwithstanding. 

Sec.  2.  And  be  it  further  enacted ,  That  the  non¬ 
commissioned  officers,  musicians  and  privates,  so  to 
be  enlisted,  shall  be  entitled  to  the  bounty  of  sixteen 
dollars,  and  the  same  pay,  clothing  and  rations,  the 
same  provisions  for  wounds  or  disabilities,  and  to  all 
other  allowances,  (the  bounty  in  land  excepted)  pro¬ 
vided  by  the  said  before  recited  act  for  the  non-com* 
missioned  officers,  musicians  and  privates,  who  may 
be  raised  under  the  same  ;  and  shall  be  held  to  per¬ 
form  the  same  duties,  and  be  subject  to  the  same 
rules  and  regulations. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives , 

WM.  H.  CRAWFORD, 
President  of  the  Senate  pro  tempore , 

April  8,  1813.  Approved,  JAMES  MADISON: 


87 

•  •  «  • 

An  ACT  for  the  Organization  of  a  Corf  is  of  Artificers, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America  in 
Congress  assembled ,  Thatthcre  shall  be  attached  to  the 
quarter  master  general’s  department  and  subject  to 
the  orders  of  the  officers  thereof,  a  corps  of  artificers, 
to  consist  of  one  superintendent,  to  be  appointed  by 
the  President  of  the  United  States,  four  assistants, 
two  master  masons,  two  master  carpenters,  two  mas¬ 
ter  blacksmiths,  two  master  boat  builders,  two  master 
armorers,  two  master  saddle  and  harness  makers, 
twenty  house  carpenters,  five  ship  carpenters,  twenty 
blacksmiths,  sixteen  boat  builders,  sixteen  armorers, 
twelve  saddle  and  harness  makers  and  twenty-four 
laborers,  to  be  selected  from  the  privates  of  the  ar¬ 
my,  when  authorized  thereto  by  the  commanding 
general,  or  engaged  from  among  the  citizens  by  the 
superintendent. 

Sec.  2.  And  be  it  further  enacted ,  That  the  pay  of 
the  superintendent  of  artificers  shall  be  forty-five  dol¬ 
lars  per  month,  three  rations  per  day,  and  forage  for 
one  horse  ;  that  the  pay  of  the  four  assistants  be  each 
thirty  dollars  per  month  and  two  rations  per  day  ; 
that  the  pay  of  the  twelve  master  workmen  be  each 
thirty  dollars  per  month  and  one  ration  and  one  half 
of  a  ration  per  day ;  that  the  pay  of  the  other  work¬ 
men  be  each  sixteen  dollars  per  month  and  one  ration 
and  one  half  of  a  ration  per  day. 

Sec.  3.  And  be  it  further  enacted,  That  it  shall  be 
the  duty  of  the  superintendent  of  artificers  to  render 
a  correct  report,  once  each  month,  of  the  corps  to  the 
quarter  master  general,  and  on  oath  to  make  out  the 
pay-roll  thereof ;  which  pay-roll  shall  be  examined  by 
the  quarter  master  general,  or,  in  his  absence,  by  one 
of  the  deputy  quarter  masters,  and  by  him  be  coun¬ 
tersigned,  and  faithfully  and  without  delay  to  execute 
all  such  orders  as  he  may  receive  from  the  secretary 
at  war,  any  officer  of  the  quarter  master’s  department, 


or  from  the  officer  commanding  in  the  field  or  garri¬ 
son  to  which  his  corps  or  any  part  thereof  rnay  be  at¬ 
tached. 

Sec.  4.  And  be  it  further  enacted ,  That  this  corps 
shall  be  engaged  for  and  during  the  term  of  three 
years,  unless  sooner  discharged  by  the  President  of 
the  United  States. 

Sec.  5.  And  be  it  further  enacted ,  That  for  defray¬ 
ing  the  expense  that  may  be  incurred  in  the  execution 
of  this  act,  the  sum  of  thirty  thousand  dollars  be,  and 
the  same  is  hereby  appropriated,  to  be  paid  out  of  any 
money  in  the  treasury  not  otherwise  appropriated. 

H.  CLAY, 

& ’/leaker  cf  the  House  of  Representatives* 
WM.  H.  CRAWFORD, 
President  of  the  Senate  fro  tempore. 

April  23,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  ?naking  further  Provision  for  the  Corps  of 

Engineers. 

Sec.  1.  Beit  enacted  by  the  Senate  andHouse  of  Pefi- 
resentatives  of  the  United  States  of  America  in  Congress 
assembled ,  That  there  be  added  to  the  corps  of  engi¬ 
neers,  two  captains,  two  first  lieutenants,  two  second 
lieutenants,  with  the  usual  pay  and  emoluments,  ac¬ 
cording  to  their  grades  respectively  ;  and  one  pay 
master,  to  be  taken  from  the  subalterns  of  engineers, 
with  the  pay  and  emoluments  of  a  regimental  pay 
master;  and  that  there  be  attached  to  the  said  corps, 
either  from  the  troops  now  in  service,  or  by  new  en¬ 
listments,  as  the  President  of  the  United  States  may 
direct,  four  sergeants,  four  corporals,  one  teacher  of 
music,  four  musicians,  nineteen  artificers  and  sixty- 
two  men,  which  non-commissioned  officers,  musi¬ 
cians,  artificers  and  men,  together  with  the  artificers 
and  men  already  belonging  to  the  corps  of  engineers, 
shall  be  formed  into  a  company,  to  be  styled  a  com¬ 
pany  of  bombardiers,  sappers  and  miners,  and  be  of- 


89 

•  Ml 

fleered  from  the  corps  of  engineers,  according  as  the 
Commanding  officer  of  that  corps  may,  with  the  ap¬ 
probation  of  the  President  of  the  United  States,  di¬ 
rect  ;  and  the  said  non-commissioned  officers,  musi¬ 
cians,  artificers  and  men,  shall  be  allowed  the  same 
pay  and  emoluments  as  are  allowed  to  the  non-com¬ 
missioned  officers,  musicians,  artificers  and  men  in 
the  regiment  of  artillerists. 

Sec.  2.  And  be  it  further  enacted ,  That  the  milita¬ 
ry  academy  shall  consist  of  the  corps  of  engineers, 
and  the  following  professors,  in  addition  to  the  teach¬ 
ers  of  the  French  language  and  drawing  already  pro¬ 
vided,  viz  :  one  professor  of  natural  and  experiment¬ 
al  philosophy,  with  the  pay  and  emoluments  of  a 
lieutenant  colonel,  if  not  an  officer  of  the  corps,  and  if 
taken  from  the  corps,  then  so  much  in  addition  to  his 
pay  and  emoluments  as  shall  equal  those  of  a  lieu¬ 
tenant  colonel ;  one  professor  of  mathematics,  with 
the  pay  and  emoluments  of  a  major,  if  not  an  officer 
of  the  corps,  and  if  taken  from  the  corps,  then  so 
much  in  addition  to  his  pay  and  emoluments,  as  shall 
equal  those  of  a  major  ;  one  professor  of  the  art  of 
engineering  in  all  its  branches,  with  the  pay  and 
emoluments  of  a  major,  if  not  an  officer  of  the  corps, 
and  if  taken  from  the  corps,  then  so  much  in  addition 
to  his  pay  and  emoluments  as  shall  be  equal  to  those  of 
a  major  ;  each  of  the  foregoing  professors  to  have  an 
assistant  professor,  which  assistant  professor  shall  be 
taken  from  the  most  prominent  characters  of  the  of¬ 
ficers  or  cadets,  and  receive  the  pay  and  emoluments 
of  captains,  and  no  other  pay  or  emoluments  while 
performing  these  duties  ;  Provided ,  That  nothing' 
herein  contained  shall  entitle  the  academical  staff,  as 
such,  to  any  command  in  the  army  separate  from  the 
academy. 

Sec.  3.  And  be  it  f  urther  enacted ,  That  the  cadets 
heretofore  appointed  in  the  service  of  the  United 
States,  whether  of  artillery,  cavalry,  riflemen  or  in¬ 
fantry,  or  that  may  in  future  be  appointed  as  hereifir 

H  % 


after  provided,  shall  at  no  time  exceed  two  hundred 
and  fifty  ;  that  they  may  be  attached,  at  the  discretion 
of  the  President  of  the  United  States,  as  students  to 
the  military  academy,  and  be  subject  to  the  establish¬ 
ed  regulations  thereof;  that  they  shall  be  arranged 
into  companies  of  non-commissioned  officers  and  pri¬ 
vates,  according  to  the  directions  of  the  commandant 
of  engineers,  and  be  officered  from  the  said  corps, 
for  the  purposes  of  military  instruction ;  that  there 
shall  be  added  to  each  company  of  cadets  four  musi¬ 
cians  ;  and  the  said  corps  shall  be  trained  and  taught 
all  the  duties  of  a  private,  non-commissioned  officer 
and  officer ;  be  encamped  at  least  three  months  of 
each  year,  and  taught  all  the  duties  incident  to  a  reg¬ 
ular  camp  ;  that  the  candidates  for  cadets  be  not  un¬ 
der  the  age  of  fourteen,  nor  above  the  age  of  twenty- 
one  years  ;  that  each  cadet,  previously  to  his  appoint¬ 
ment  by  the  President  of  the  United  States,  shall  be 
well  versed  in  reading,  writing  and  arithmetic,  and 
that  he  shall  sign  articles,  with  the  consent  of  his  par¬ 
ent  or  guardian,  by  which  he  shall  engage  to  serve 
five  years  unless  sooner  discharged  ;  and  all  such  ca¬ 
dets  shall  be  entitled  to  and  receive  the  pay  and  emol¬ 
uments  now  allowed  by  law  to  cadets  in  the  corps  of 
engineers. 

Sec.  4.  And  be  it  further  enacted ,  That  when  any 
cadet  shall  receive  a  regular  degree  from  the  aca¬ 
demical  staff,  after  going  through  all  the  classes,  he 
shall  be  considered  as  among  the  candidates  for  a 
commission  in  any  corps,  according  to  the  duties  he 
may  be  adjudged  competent  to  perform ;  and  in  case 
there  shall  not  at  the  time  be  a  vacancy  in  such  corps* 
he  may  be  attached  to  it  at  the  discretion  of  the  Presi¬ 
dent  of  the  United  States,  by  brevet  of  the  lowest 
grade,  as  a  supernumerary  officer,  with  the  usual  pay 
and  emoluments  of  such  grade,  until  a  vacancy  shall 
happen :  Provided ,  That  there  shall  not  be  more 
an  one  supernumerary  officer  to  any  one  company 
a*  the  same  time. 


91 

•  •  •  * 

Sec.  5.  And  be  it  farther  enacted ,  That  the  sum  of 
twenty-five  thousand  dollars  be,  and  the  same  is  here¬ 
by  appropriated,  to  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated,  for  erecting 
buildings,  and  for  providing  an  apparatus,  a  library 
and  all  necessary  implements,  and  for  such  contingent 
expenses  as  may  be  necessary  and  proper,  in  the  judg¬ 
ment  of  the  President  of  the  United  States,  for  such 
an  institution. 

Sec.  6.  And  be  it  further  enacted ,  That  so  much 
of  the  twenty-sixth  section  of  the  act,  entitled,  “  An 
act  fixing  the  military  peace  establishment,”  passed 
the  sixteenth  March,  one  thousand  eight  hundred  and 
two,  as  confines  the  selection  of  the  commander  of  the 
corps  of  engineers  to  the  said  corps,  be,  and  the  same 
is  hereby  repealed. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives, 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore y 

April  29,  1812. 

Apfroved,  JAMES  MADISON. 


An  ACT  for  the  better  Regulation  of  the  Ordnance , 

Sec.  1.  Be  it  enacted  by  the  Senate  andHouse  of  Rep~ 
resentatives  of  the  UnitedStates  of  America, in  Congress 
assembled ,  That  there  be  and  hereby  is  established 
an  ordnance  department,  to  consist  of  a  commissary 
general  of  ordnance,  an  assistant  commissary  gene¬ 
ral,  four  deputy  commissaries,  and  as  many  assistant 
deputy  commissaries  as  the  President  of  the  United 
States  may  think  necessary,  not  exceeding  eight. 

Sec.  2.  And  be  it  further  enacted ,  That  the  com¬ 
missary  general  be  authorized  from  time  to  time  to 
employ  as  many  wheelwrights,  carriage  makers, 
blacksmiths  and  laborers  as  the  public  service  may  in 
his  judgment  require. 

Sec.  3.  And  be  it  further  enacted,  That  the  com* 


92 

•  •  •  • 

missary  general  of  ordnance  shall  be  entitled  to  the 
rank,  pay  and  emoluments  of  a  colonel  of  infantry, 
and  be  further  allowed  at  the  rate  of  five  hundred 
dollars  per  year,  and  four  rations  per  day  for  clerks 
in  his  department ;  the  assistant  commissary  general 
of  ordnance  shall  be  entitled  to  the  rank,  pay  and 
emoluments  of  a  major  of  infantry,  with  three  addi¬ 
tional  rations  per  day  ;  the  deputy  commissaries  of 
ordnance  shall  be  entitled  to  the  rank,  pay  and  emolu¬ 
ments  of  a  captain  of  infantry,  with  two  additional  ra¬ 
tions  per  day,  and  forage  for  one  horse  ;  the  assistant 
deputies  shall  have  the  rank,  pay  and  emoluments  of 
a  second  lieutenant  of  infantry,  with  one  additional 
ration  per  day. 

Sec.  4.  And  be  it  further  enacted ,  That  a  master 
wheelwright  and  carriage  maker,  and  a  master  black¬ 
smith,  be  allowed  thirty  dollars  each,  per  month,  and 
one  ration  and  one  half  of  a  ration  per  day  :  that  any 
other  wheelwrights,  carriage  makers  and  blacksmiths, 
be  allowed  each  sixteen  dollars  per  month,  and  one 
ration  and  one  half  of  a  ration  per  day  ;  that  the  la¬ 
borers  each  be  allowed  nine  dollars  per  month  and 
one  ration  per  day. 

Sec.  5.  And  be  it  further  enacted ,  That  it  shall  be 
i.e  duty  of  the  commissary  general  of  ordnance  to 
direct  the  inspection  and  proving  of  all  pieces  of  ord¬ 
nance,  cannon  balls,  shells  and  shot,  procured  for  the 
use  of  the  army  of  the  United  States  ;  atvJ.  to  direct 
the  construction  of  all  carriages  and  every  apparatus 
■  or  ordnance,  for  garrison  and  field  service,  and  all 
ammunition  waggons,  pontoons  and  travelling  forges  ; 
also,  the  direction  of  the  laboratories,  the  inspection 
and  proving  the  public  powder,  and  the  preparing  all 
kinds  of  ammunition  for  garrison  and  field  service ; 
and  shall,  half  yearly,  examine  all  ordnance,  carria¬ 
ges,  ammunition  and  apparatus,  in  the  respective  for¬ 
tresses,  magazines  and  arsenals,  and  cause  the  same 
to  be  preserved  and  kept  in  good  order. 

Sec.  6.  And  be  it  further  enacted ,  That  the  co m* 


53 

•  I  •  • 

missary  general  of  ordnance  shall  execute  all  orders 
issued  by  the  secretary  for  the  department  of  war,  in 
conveying  all  ordnance,  ammunition  and  apparatus,  to 
the  respective  armies,  garrisons,  magazines  and  arse¬ 
nals  ;  and  in  time  of  war  he  shall  execute  all  orders 
of  any  general  officer,  commanding  in  any  army  or 
garrison,  for  the  supply  of  ordnance,  ammunition,  car¬ 
riages,  pontoons,  forges,  furnaces  or  apparatus,  for 
garrison,  field  or  siege  service,  and  forward  the  same 
without  delay  and  in  good  condition. 

Sec.  7.  And  be  it  further  enacted ,  That  the  com¬ 
missary  general  of  ordnance  shall  half  yearly  trans¬ 
mit  to  the  department  of  war,  a  correct  return  of  all 
ordnance,  ammunition,  military  stores  and  effects,  in 
the  respective  garrisons,  arsenals,  magazines,  posts 
and  camps,  with  a  statement  of  their  order,  quality 
and  condition ;  and  also  what  may  be  necessary  to 
keep  up  an  ample  supply  of  each  and  every  article 
in  the  ordnance  department,  and  shall,  in  all  things, 
faithfully  and  without  delay  execute  the  orders  of  the 
secretary  for  the  department  of  war  touching  the 
same. 

Sec.  8.  And  be  it  further  enacted ,  That  the  super¬ 
intendents  of  military  stores,  keepers  of  magazines 
and  arsenals,  shall  half  yearly,  make  correct  returns 
to  the  commissary  general  of  ordnance  of  all  mil¬ 
itary  stores  that  they  respectively  have  in  charge  ; 
and  that  the  assistant  commissary  general  of  ord¬ 
nance,  the  deputy  commissaries  and  assistant  depu¬ 
ties  shall  faithfully,  and  without  delay,  execute  all  or¬ 
ders  that  shall  be  issued  by  the  secretary  for  the  de¬ 
partment  of  war,  the  commanding  general,  in  time  of 
war,  of  any  corps,  camp  or  garrison,  or  of  the  com¬ 
missary  general  of  ordnance,  in  their  respective  de¬ 
partments,  by  virtue  of  this  act. 

Sec.  9.  And  be  it  further  enacted ,  That  the  com¬ 
missary  general  of  ordnance  shall  make  a  correct  re¬ 
port  of  the  artificers  and  laborers  from  time  to  time 
employed  by  him,  and  transmit  the  same  to  the  adju¬ 
tant  general. 


94 

Sec.  10.  And  be  it  further  enacted ,  That  for  de¬ 
fraying  the  expense  that  may  be  incurred  in  the  exe¬ 
cution  of  this  act,  the  sum  of  twenty  thousand  dollars 
be,  and  the  same  is  hereby  appropriated,  to  be  paid 
out  of  any  money  in  the  treasury  not  otherwise  appro¬ 
priated.  H.  CLAY, 

*S '{leaker  of  the  House  of  Representatives. 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore. 

May  14,  1812. 

Approved,  JAMES  MADISON. 

An  ACT  making  further  Provision  for  the  Army  of 

the  United  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  cf 
Representatives  of  the  United  States  of  America ,  in 
Congress  assembled ,  That  the  President  of  the  United 
States  be,  and  he  hereby  is  authorized  and  empower¬ 
ed  to  appoint  so  many  district  pay  masters  as,  in  his 
judgment,  the  service  may  require  ;  and  if  such  pay 
masters  are  taken  from  the  line  of  the  army,  they 
shall  respectively  receive  thirty  dollars  per  month, 
in  addition  to  their  pay  in  the  iine :  Provided ,  The 
same  shall  in  no  case  exceed  the  pay  and  emoluments 
of  a  major;  and  if  not  taken  from  the  line  they  shall 
receive  the  same  pay  and  emoluments  as  a  major  of 
infantry. 

Sec.  2.  And  be  it  further  enacted ,  That  the  Pres¬ 
ident  of  the  United  States  be,  and  he  hereby  is  au¬ 
thorized  and  empowered  to  appoint  a  pay  master  to 
each  regiment  on  the  peace  establishment,  who  shall 
receive  the  same  pay  and  emoluments  as  a  captain  of 
the  regiment  to  which  he  belongs  :  Provided ,  That 
all  district  and  regimental  pay  masters  shall  be  sub¬ 
ject  to  the  rules  and  articles  of  war,  and  give  such 
bonds  to  the  United  States  as  the  secretary  for  the  de¬ 
partment  of  war  may  direct,  for  the  faithful  perform¬ 
ance  of  their  duties.  And  it  shall  be  the  duty  of  the 
commanding  officer,  when  requested  by  the  pay  mas- 


95 

«  •  •  • 

ler,  to  furnish  a  capable  non-commissioned  officer  cr 
soldier  to  aid  him  in  the  discharge  of  his  duty,  who 
while  so  employed,  shall  receive  double  pay.  * 

Sec.  3.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  of  the  United  "States  be,  and  he  hereby  is  author¬ 
ized  to  appoint  fiom  the  captains  and  subalterns  of  the 
line  of  the  army,  so  many  sub-inspectors  as  the  service 
may  require,  not  exceeding  one  to  each  brigade;  and 
such  sub-inspectors  shall  each  receive  twenty-four 
dollars  per  month,  in  addition  to  his  pay  in  the  line. 

Sec.  4.  And  be  it  further  enacted ,  That  each  brio-, 
ade  major,  provided  by  law,  shall  be  allowed  twenty- 
four  dollars  per  month,  in  addition  to  his  pay  in  the 
line.  J 

Sec.  5.  And  be  it  further  enacted ,  That  the  gene 
ral  commanding  the  army  of  the  United  States  shall 
be  allowed  a  secretary,  to  be  taken  from  the  line  of 
the  army,  who  shall  receive  twenty-four  dollars  per 
month  in  addition  to  his  pay  in  the  line,  and  shall  be 
allowed  forage  for  two  horses. 

Sec.  6.  And  be  it  further  enacted,  That  in  addition 
:0  the  non-commissioned  officers  and  privates  allowed 
,o  the  regiment  of  light  artillery,  each  company  shall 
)e  entitled  to  twelve  drivers  of  artillery,  who  shall  he 
mlisted  for  five  years,  unless  sooner  discharged,  and 
•eceive  the  same  pay,  rations  and  clothing,  as  the  p'ri- 
ates  of  the  army  :  Provided,  such  drivers  of  artillery 
.hall  at  all  times  be  liable  to  do  duty  in  the  ranks  when 
he  company  shall  not  be  mounted. 

Sec.  7.  And  be  it  further  enacted.  That  so  mnrli 
,f  the  “  act  forr  establishing  rules  and  articles  for  the 
government  of  the  armies  of  the  United  States,”  as 
.uthorizes  the  infliction  of  corporal  punishment,  by 
tripes  or  lashes,  be  and  the  same  hereby  is  repealed. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

WM.  II.  CRAWFORD, 

President  of  the  Senate  pro  tejntiore, 

May  16,  1812.  ‘ 

AmtovED,  JAMES  MADISON. 


96 

•  •  •  • 

An  ACT  to  amend  an  Act ,  emitted  a  An  Act  to  es¬ 
tablish  a  Quarter  Master's  Department ,  and  for  , 
other  Purposes .”  ; 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Pepresentatives  of  the  United  Slates  oj  America ,  in 
Congress  assembled ,  I  hat  neither  the  quaitci  master 
general,  the  commissary  general,  nor  any  or  either  of 
their  deputies  or  assistant  deputies,  shall  be  concern* 
ed,  directly  or  indirectly,  in  the  purchase  or  sale,  for 
commercial  purposes,  of  any  article  intended  for 
making  a  part  of,  or  appertaining  to,  their  respective 
departments,  except  for  and  on  account  of  the  Uni¬ 
ted  States  ;  nor  shall  they  or  either  of  them,  take  or 
apply  to  his  or  their  own  use  any  gain  or  emolument 
for  negociating  or  transacting  any  business  in  their 
respective  departments,  other  than  what  is  or  may  be 
allowed  by  law. 

Sec.  2.  And  be  it  further  enacted ,  That  the  quarter 
master  general  be,  and  he  is  hereby  empowered  tol 
appoint  one  principal  barrack  master,  and  as  many 
deputy  barrack  masters,  as  may  from  time  to  time  be 
necessary,  not  exceeding  one  to  each  sepaiate  bai- 
rack  or  cantonment:  which  said  principal  bariack 
master  shall  be  entitled  to  receive  the  same  pay,  ra¬ 
tions  and  emoluments,  as  the  principal  forage  mastci  ; 
and  each  of  his  deputies,  the  same  pay,  rations  and 
emoluments  as  is  by  law  allowed  to  a  deputy  forage 

master.  .  . 

Sec.  3.  And  be  it  further  enacted ,  That  in  addition 

to  the  allowance  made  to  the  quarter  master  geneial 
and  commissary  general  respectively,  in  and  by  the  act 
hereby  amended,  it  shall  and  may  be  lawful  foi  thef 
secretary  for  the  department  of  war,  lor  the  time  be¬ 
ing,  to  allow  to  them  respectively  such  sums  as  in  his 
opinion  shall  have  been  actually  and  necessarily  ex¬ 
pended  in  their  several  departments  for  office  rent, 
fuel,  candles  and  extra  clerk  hire. 

Sec.  4.  And  be  it  further  enacted ,  That  the  quar¬ 
ter  master  general;  the  deputy  quarter  masters;  and 


97 


the  assistant  deputy  quarter  masters,  shall,  before 
they  or  either  of  them  enter  upon  the  duties  of  their 
appointment,  respectively  enter  into  bond,  with  suffi¬ 
cient  security,  to  be  approved  of  by  the  secretary  of 
war,  conditioned  for  the  faithful  expenditure  of  all 
public  monies,  and  accounting  for  all  public  property 
which  may  come  to  their  hands,  respectively  ;  and 
the  quarter  master  general  shall  not  be  liable  for  any 
money  or  property  that  may  come  into  the  hands  of 
the  subordinate  officers  of  his  department. 

Sec.  5.  And  be  it  further  enacted ,  That  the  sixth 
section  of  the  act  hereby  amended  be,  and  the  same 
is,  hereby  repealed. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

WM.  H.  CRAWFORD, 

President  of  the  ^Senate  pro  tempore. 

May  22,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  for  the  more  perfect  Organization  of  the  Ar¬ 
my  of  the  United  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America ,  in 
Congress  assembled ,  That  the  infantry  of  the  army  of 
the  United  States  shall  consist  of  twenty-five  regi¬ 
ments,  and  that  a  regiment  shall  consist  of  one  colo¬ 
nel,  one  lieutenant  colonel,  one  major,  one  adjutant, 
one  pay  master,  one  quarter  master,  one  surgeon,  two 
surgeon’s  mates,  one  sergeant,  two  principal  musi¬ 
cians,  and  ten  companies. 

Sec.  2.  And  be  it  further  enacted ,  That  each  com¬ 
pany  shall  consist  of  one  captain,  one  lieutenant,  one 
second  lieutenant,  one  ensign,  four  sergeants,  six  cor¬ 
porals,  two  musicians,  and  ninety  privates. 

Sec.  3.  And  be  it  further  enacted ,  That  to  the  re¬ 
giment  of  cavalry,  authorized  by  the  act  passed  Jan¬ 
uary  eleventh,  one  thousand  eight  hundred  and 


98 

•  •  •  • 

twelve,  entitled  11  An  act  to  raise  an  additional  military 
force,”  there  shall  be  added  one  riding  master  :  and 
to  the  regiment  of  light  dragoons,  authorized  by  the 
act  passed,  April  twelfth,  one  thousand  eight  hundred 
and  eight,  entitled  “  An  act  to  raise,  for  a  limited  time 
an  additional  military  force,”  one  surgeon’s  mate. 

Sec.  4.  And  be  it  further  enacted ,  That  each  troop 
of  cavalry  or  light  dragoons  shall  consist  of  one  cap* 
tain,  one  first  lieutenant,  one  second  lieutenant,  one 
cornet,  four  sergeants,  six  corporals,  two  musicians, 
one  master  of  the  sword,  one  saddler,  one  farrier,  one 
blacksmith  and  sixty-four  privates,  and  the  pay  and 
emolument  of  a  master  of  the  sword,  shall  be  the  same 
as  those  of  a  riding  master,  and  the  pay  and  emolu¬ 
ment  of  a  blacksmith  shall  be  the  same  as  those  of  a 
farrier. 

Sec.  5.  And  be  it  further  enacted ,  That  the  mili¬ 
tary  establishment  autnorized  by  the  law  previous  to 
the  twelfth  day  of  April  one  thousand  eight  hundred 
and  eight,  and  the  additional  military  force  raised  by 
virtue  of  the  act  of  the  twelfth  of  April  one  thousand 
eight  hundred  and  eight,  be  and  the  same  are  here¬ 
by  incorporated,  and  that  from  and  after  the  passing 
of  this  act  the  promotions  shall  be  made  through  the 
lines  of  artillerists,  light  artillery,  dragoons,  riflemen 
and  infantry  respectively,  according  to  established 
rules. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives . 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore . 

June  26,  1812. 

Approved,  JAMES  MADISON. 

An  ACT  to  provide  for  designating ,  surveying  and 
granting  the  Military  Bounty  Lands. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America,  in 

Congress  assemblcd>  That  the  President  of  the  United 


99 


States  be,  and  he  is  hereby  authorized  to  cause  to  be 
surveyed  a  quantity  of  the  public  lands  of  the  United 
States,  fit  for  cultivation,  not  otherwise  appropriated, 
and  to  which  the  Indian  title  is  extinguished,  not  ex¬ 
ceeding  in  the  whole  six  millions  of  acres,  two  mil¬ 
lions  to  be  surveyed  in  the  territory  of  Michigan,  two 
millions  in  the  Illinois  territory,  north  of  the  Illinois 
river,  two  millions  in  the  territory  ot  Louisiana,  be¬ 
tween  the  river  St.  Francis,  and  the  river  Arkansas  ; 
the  said  lands  to  be  divided  into  townships,  and  sub¬ 
divided  into  sections  and  quarter  sections,  (each  quar¬ 
ter  section  to  contain,  as  near  as  possible,  one  hun¬ 
dred  and  sixty  acres)  in  the  manner  prescribed  by  iaw 
for  surveying  and  subdividing  the  other  public  lands 
of  the  United  States  ;  the  same  price  to  be  allowed 
for  surveying  as  is  fixed  for  surveying  the  other  pub¬ 
lic  lands  in  the  same  territory.  And  the  lands  thus 
surveyed,  with  the  exception  of  the  salt  springs  and 
lead  mines  therein,  and  of  the  quantities  of  land  adja¬ 
cent  thereto,  as  may  be  reserved  for  the  use  of  the 
same  by  the  President  of  the  United  States,  and  the 
section  number  sixteen  in  every  township  to  be  grant¬ 
ed  to  the  inhabitants  of  such  township  for  the  use  of 
public  schools,  shgll  be  set  apart  and  reserved  for  the 
purpose  of  satisfying  the  bounties  of  one  hundred  and 
sixty  acres,  promised  to  the  non-commissioned  offi¬ 
cers  and  soldiers  of  the  United  States,  their  heirs  and 
legal  representatives,  by  the  act,  entitled  “  An  act  for 
completing  the  existing  military  establishment,”  ap¬ 
proved  the  twenty-fourth  day  of  December,  one  thou¬ 
sand  eight  hundred  and  eleven,  and  by  the  act,  enti¬ 
tled  “  An  act  to  raise  an  additional  military  force,” 
approved  the  eleventh  day  of  January,  one  thousand 
eight  hundred  and  twelve. 

Sec.  2.  And  be  it  further  enacted ,  That  the  secre¬ 
tary  for  the  department  of  war,  for  the  time  being, 
shall,  from  time  to  time,  issue  warrants  for  the  mili¬ 
tary  land  bounties  to  the  persons  entitled  thereto  by 
the  t\yo  last  mentioned  acts,  or  either  of  them  ;  Pro- 


100 

•  •  •  • 

vided  always,  That  such  warrants  shall  be  issued  on* 
ly  in  the  names  of  the  persons  thus  entitled,  and  be 
by  them  or  their  representatives  applied  for  within 
live  years  after  the  said  persons  shall  have  become  en¬ 
titled  thereto  ;  and  the  said  warrants  shall  not  be  as¬ 
signable  or  transferable  in  any  manner  whatever. 

Sec.  3.  And  be  it  further  enacted ,  That  every  per¬ 
son  in  whose  favor  such  warrants  shall  have  been  is¬ 
sued,  shall,  on  delivery  of  the  same  at  the  office  of  the 
secretary  of  the  treasury,  or  of  such  other  officer  as 
Tnay  at  the  time  have,  by  law,  the  superintendence  of 
the  general  land  office  of  the  United  States  at  the 
seat  of  government,  be  entitled  to  draw  by  lot  in  such 
manner  as  the  officer,  at  the  head  of  the  land  office, 
under  the  direction  of  the  President  of  the  United 
States,  may  prescribe,  one  of  the  quarter  sections 
surveyed  by  virtue  of  the  first  section  of  this  act,  in 
either  of  the  said  territories  which  the  person  in  whose 
favor  such  warrant  has  issued  may  designate.  And 
a  patent  shall  thereupon  be  granted  to  such  person, 
for  such  quarter  section,  without  requiring  any  fee 
therefor. 

Sec.  4.  And  be  it  further  enacted ,  That  no  claim 
for  the  military  land  bounties  aforesaid  shall  be  as¬ 
signable  or  transferable  in  any  manner  whatever,  un¬ 
til  after  a  patent  shall  have  been  granted  in  the  man¬ 
ner  aforesaid.  All  sales,  mortgages,  contracts  or 
•agreements, of  any  nature  whate  ver,  made  prior  there¬ 
to,  for  the  purpose,  or  with  intent  of  alienating,  pledg¬ 
ing  or  mortgaging  any  such  claim,  are  hereby  de¬ 
clared  and  shali  be  held  null  and  void  ;  nor  shall  any 
tract  of  land,  granted  as  aforesaid,  be  liable  to  be  tak¬ 
en  in  execution  or  sold  on  account  of  any  such  sale, 
mortgage,  contract  or  agreement,  or  on  account  of 
any  debt  contracted  prior  to  the  date  of  the  patent, 
either  by  the  person  originally  entitled  to  the  land  or 
by  his  heirs  or  legal  representatives,  or  by  virtue  of 
any  process,  or  suit  at  law,  or  judgment  of  court 


101 

•  •  •  • 

again3t  a  person  entitled  to  receive  hi&  patent  as 
aforesaid. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives , 

WM.  H.  CRAWFORD, 

President  of  the  Se?iate  pro  tempore* 

May  6,  1812. 

Approved,  JAMES  MADISON. 

An  ACT  making  further  Provision  for  the  Army  of  the 
United  States ,  and  for  other  Purposes . 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  cf 
Representatives  of  the  United  States  of  America,  in  Con - 
gress  assembled ,  That  the  President  of  the  U  nited  States 
be,  and  he  is  hereby  authorized,  by  and  with  the  advice 
and  consent  of  the  senate,  to  appoint  two  brigadier 
generals,  in  addition  to  those  already  authorized  by¬ 
law,  who  shall  each  be  entitled  to  the  same  number  of 
aids  and  brigade  majors,  as  are  allowed  to  a  brigadier 
general  under  the  act  of  congress  passed  the  eleventh 
of  January,  one  thousand  eight  hundred  and  twelve. 
And  the  said  brigadier  generals,  aids  and  brigade  ma¬ 
jors,  shall  be  entitled  to  the  same  pay  and  emoluments 
as  are  by  law  allowed  to  officers  of  the  same  grade. 

Sec.  2.  And  be  it  further  enacted ,  That  to  any  army 
of  the  United  States,  other  than  that  in  which  the  ad" 
jutant  general,  inspector  general,  quartermaster  gen¬ 
eral  and  paymaster  of  the  army  shall  serve,  it  shall  be 
lawful  for  the  President  to  appoint  one  deputy  adju- 
tant  general,  one  deputy  inspector  general,  one  depu¬ 
ty  quarter  master  general,  and  one  deputy  paymaster 
general,  who  shall  be  taken  from  the  line  of  the  army, 
and  who  shall  each,  in  addition  to  his  pay  and  other 
emoluments,  be  entitled  to  fifty  dollars  per  month, 
which  shall  be  in  full  compensation  for  his  extra  ser¬ 
vices.  And  that  there  shall  be  to  each  of  the  forego¬ 
ing  deputies  such  number  of  assistant  deputies,  (not 
exceeding  three  to  each  department)  as  the  public 

I  2 


102 


service  may  require,  who  shall  in  like  mannei*  be  ta* 
ken  from  the  line,  and  who  shall  each  be  entitled  to 
thirty  dollars  per  month,  in  addition  to  his  pay  and  oth¬ 
er  emoluments,  which  shall  be  in  full  compensation 
for  his  extra  services  :  A?id  provided,  also ,  That  the 
President  of  the  United  States  be,  and  he  is  hereby 
authorized  to  appoint  any  of  the  officers  named  in  this 
act  during  the  recess  of  the  Senate,  to  be  submitted 
to  the  Senate  at  their  next  meeting  for  their  advice 
and  consent. 

•Sec.  3.  And  be  it  further  enact  ed,  That  all  letters 
and  packages,  to  and  from  the  adjutant  general  and 
inspector  general,  shall  be  free  from  postage. 

Sec.  4.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  is  hereby  authorized  to  confer  brevet  rank  on 
such  officers  of  the  army  as  shall  distinguish  them¬ 
selves  by  gallant  actions  or  meritorious  conduct,  or 
■who  shall  have  served  ten  years  in  any  one  grade : 
Provided ,  That  nothing  herein  contained,  shall  be  so 
construed,  as  to  entitle  officers  so  brevetted,  to  any  ad¬ 
ditional  pay  or  emoluments,  except  when  command¬ 
ing  separate  posts,  districts  or  detachments,  when 
they  shall  be  entitled  to,  and  receive  the  same  pay  and 
emoluments  to  which  officers  of  the  same  grades  are 
now,  or  hereafter  may  be  allowed  by  law. 

Sec.  5.  And  be  it  further  enacted ,  That  the  officers 
who  shall  not  take  waiters  from  the  line  of  the  army, 
shall  receive  the  pay,  clothing  and  subsistence  allow¬ 
ed  to  a  private  soldier, for  as  many  waiters  as  they  may 
actually  keep,  not  exceeding  the  number  allowed  by 
existing  regulations. 

.,•*  H.  CLAY, 

Speaker  of  the  House  of  Representatives , 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore* 

July  6,  1812. 

Approved, 


JAMES  MADISON. 


103 


Mta 

An  ACT  respecting  the  Pay  of  the  Army  of  the  TJnu 

ted  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America ,  in 
Congress  assembled ,  That  the  officers,  non-commis¬ 
sioned  officers,  musicians,  and  privates  of  the  army  of 
the  United  States,  shall  receive  the  same  pay,  forage, 
rations,  clothing  and  other  emoluments,  as  the  offi¬ 
cers  of  the  same  grade  and  corps,  non-commissioned 
officers,  musicians  and  privates  are  entitled  to  by  the 
act,  entitled  u  An  act  to  raise  for  a  limited  time  an  ad¬ 
ditional  military  farce,”  passed  April  twelfth,  one 
thousand  eight  hundred  and  eight ;  and  to  the  aid  de 
camp  of  a  brigadier,  to  a  brigade  quarter  master,  brig¬ 
ade  inspector  and  adjutant,  there  shall  be  allowed  for¬ 
age  for  one  horse  only,  or  in  lieu  thereof  ten  dollars 
per  month  ;  and  to  the  brigade  majors  under  the  act 
passed  January  the  eleventh,  one  thousand  eight  hun¬ 
dred  and  twelve,  there  shall  be  allowed  forage  for  one 
horse,  or  in  lieu  thereof  ten  dollars  per  month  ;  and 
the  pay  of  a  quarter  master  sergeant,  shall  be  nine 
dollars  per  month, 

H.  CLAY, 

Speaker  of  the  House  of  Representatives . 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore* 

July  6,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  supplementary  to  u  An  Ac.  authorizing  the 
President  of  the  United  States  to  raise  certain  Com¬ 
panies  of  Rangers  for  the  Protection  of  the  Frontier 
of  the  United  States .” 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America ,  in 
Congress  assembled ,  That  the  President  of  the  Uni¬ 
ted  States  be,  and  he  is  hereby  authorized  to  raise  an 
additional  company  of  rangers,  when  he  may  deem  it 


104 


r*  •  • 

necessary  for  the  public  service,  and  on  the  same  pro¬ 
visions,  conditions  and  restrictions  of  the  act  to  which 
this  is  a  supplement. 

Sec.  2.  And  be  it  further  enacted ,  That  for  defray¬ 
ing  the  expenses  thereof,  the  sum  of  eleven  thousand 
two  hundred  and  fifty  dollars  be,  and  the  same  is  here¬ 
by  appropriated,  to  be  paid  out  of  any  money  in  the 
treasury  not  otherwise  appropriated. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives* 

WM.  H.  CRAWFORD, 

President  of  the  Senate  pro  tempore . 

July  1,  1812. 

Approved,  JAMES  MADISON. 


An  ACT  supplementary  to  the  Act ,  entitled  “  An  Act  : 
authorizing  the  Preside?it  of  the  United  States  to 
accept  and  organize  a  Volunteer  Military  Corps, 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of  Rep - 
resentatives  of  the  UnitedStates  of  America,  in  Congress 
assembled ,  That  in  all  cases  where  volunteers  have 
offered  or  hereafter  shall  offer  their  services  to  the 
United  States,  under  the  act,  entitled  “  An  act  author¬ 
izing  the  President  of  the  United  States  to  accept  and 
organize  certain  volunteer  military  corps,”  it  shall  ! 
be  lawful  for  the  President  of  the  United  States  to 
appoint  and  commission  officers  thereto,  by  and  with 
the  consent  of  the  Senate,  any  thing  in  the  act  to  the 
contrary  notwithstanding  :  Provided ,  That  prior  to 
the  issuing  of  such  commissions,  the  volunteers 
aforesaid  shall  have  signed  an  enrolment,  binding 
themselves  to  service  conformably  to  the  provisions 
of  the  act  to  which  this  is  a  supplement. 

Sec.  2.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  be  and  he  is  hereby  authorized  to  form  the  corps 
of  volunteers  into  battalions,  squadrons,  regiments, 
brigades  and  divisions,  and  to  appoint  thereto,  by  and 
with  the  consent  of  the  Senate,  general,  field  and 


105’ 


staff  officers,  conformably  with  the  military  establish¬ 
ment  of  the  United  States,  and  who  shall  be  entitled 
to  the  pay  and  emoluments  of  officers  of  a  similar 
grade  and  corps  in  the  army  ol  the  United  States. 

Sec.  3.  And  be  it  further  enact ed,  That  it  shall  be 
.lawful  for  the  President  of  the  United  States  in  the 
Fecess  of  the  Senate  to  appoint  all  the  officers  authoi- 
ized  by  this  act,  which  appointments  shall  be  submit¬ 
ted  to  the  Senate  at  their  next  session,  for  their  ad¬ 
vice  and  consent. 

Sec.  4.  And  be  it  further  enacted ,  That  in  case  the 
volunteers,  when  their  term  of  service  shall  have  ex¬ 
pired,  shall  deliver  their  stand  of  arms  and  accoutre¬ 
ments,  in  good  order,  to  the  proper  officer,  they  shall 
be  entitled  to  receive  in  lieu  thereof,  ten  dollars  for 
every  stand  of  arms  so  delivered. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives, 

WM.  II.  CRAWFORD, 

President  of  the  Senate  pro  tempore , 

July  6,  1812.  Approved,  JAMES  MADISON. 

An  ACT  to  regulate  the  Pay  of  the  JYon-Commissdoned 
Officers ,  Musicians  a?id  Privates  of  the  Militia  of  the 
United  States ,  when  called  into  actual  Service ,  and 
for  other  Purposes. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United f  tales  of  Americapn  Con¬ 
gress  assembled ,  That  from  and  after  the  passing  of 
this  act,  the  allowance  of  bounty,  clothing  and  pay  to 
the  non-commissioned  officers,  musicians  and  privates 
of  the  infantry,  artillery  and  cavalry  of  the  militia  of 
the  United  States,  when  called  into  actual  service, 
shall  be  at  the  rate  per  month,  as  follows  :  Each  ser¬ 
geant  major  and  quarter  master  sergeant,  nine  dol¬ 
lars  ;  eac:’  drum  and  fife  major,  eight  dollars,  and 
.thirty-three  cents  ;  each  sergeant,  eight  dollars  j  each 


106 


corporal,  drummer,  fifer  and  trumpeter,  seven  dol¬ 
lars,  and  thirty-three  cents  ;  each  farrier,  saddler  and  1 
artificer,  (included  as  a  private)  eight  dollars  ;  eachi 
gunner,  bombardier  and  private,  six  dollars,  and  six¬ 
ty-six  cents. 

Sec.  2.  And  be  it  further  enacted ,  That  in  addition 
to  the  monthly  pay,  there  shall  be  allowed  to  each  of-  I 
ficer,  non-commissioned  officer,  musician  and  private'] 
of  the  cavalry,  for  the  use  of  his  horse,  arms  and  ac¬ 
coutrements,  and  for  the  risk  thereof,  except  of  hors¬ 
es  killed  in  action,  forty  cents  per  day;  and  to  each) 
non-commissioned  officer, musician  and  private,  twen-  • 
ty-five  cents,  per  day,  in  lieu  of  rations  and  forage, 
when  they  shall  provide  the  same. 

Sec.  3.  And  be  it  further  enacted ,  That  whenever 
the  militia  shall  be  called  into  the  actual  service  of  ! 
the  United  States,  their  pay  shall  be  deemed  to  com¬ 
mence  from  the  day  of  their  appearing  at  the  places  - 
of  battalion,  regimental  or  brigade  rendezvous;  allow¬ 
ing  to  each  non-commissioned  officer,  musician  and 
private  soldier,  a  day’s  pay  and  rations  for  every  fif¬ 
teen  miles  from  his  home  to  such  place  of  rendez¬ 
vous,  and  the  same  allowance  kfor  travelling  home 
from  the  place  of  discharge. 

Sec.  4.  And  be  it  f  urther  enacted ,  That  in  addition  ) 
to  the  pay  heretofore  authorized  by  law,  there  shall 
be  allowed  and  paid  to  the  non-commissioned  officers, 
musicians  and  privates  of  the  militia  lately  called 
forth  into  the  actual  service  of  the  United  States,  on 
an  expedition  to  Fort  Pitt,  such  sums  as  shall,  with 
the  pay  heretofore  by  law  established,  be  equal  to  the 
allowances  respectively  provided  in  the  first  and  sec¬ 
ond  sections  of  this  act.  Provided  nevertheless ,  Thatjt 
the  compensations  made  by  any  state,  to  the  militia  j 
called  forth  from  such  state,  shall  be  deemed  to  be 
included  in  the  additional  allowance  authorized  by 
this  act ;  and  such  state  shall  be  entitled  to  receive 
from  the  treasury  of  the  United  States,  such  sums  as 
they  shall  have  paid,  or  allowed  to  the  non-commis- 


107 

•  •  •  6 

sioned  officers,  musicians  and  privates,  over  and  above 
the  pay  heretofore  allowedly  law,  and  not  exceeding 
the  additional  allowance  granted  by  this  act. 

Sec.  5.  And  be  it  further  enacted ,  That  for  the 
completing  and  better  supporting  the  military  estab¬ 
lishment  of  the  United  States,  as  provided  by  the  act, 
entitled,  “  An  act  making  further  and  more  effectual 
provision  for  the  protection  of  the  frontiers  of  the 
United  States,”  there  shall  be  allowed  and  paid,  from 
and  after  the  first  day  of  January,  one  thousand  seven 
hundred  and  ninety-five,  to  each  non-commissioned 
officer,  musician  and  private  now  in  service,  or  here- 
j'lfter  to  be  enlisted,  the  additional  pay  of  one  dollar 
per  month,  during  the  terms  of  their  respective  en- 
istments  ;  and  to  each  soldier  now  in  the  service  of 
.he  United  States,  or  discharged  therefrom,  subse¬ 
quent  to  the  third  day  of  March  last,  who  shall  re-enlist 
lifter  the  first  day  of  January  next,  an  additional  boun- 
:y  of  eight  dollars,  making  the  entire  bounty  sixteen 
lollars  ;  and  to  each  person  not  now  in  the  army  of 
he  United  States,  or  discharged  as  above,  who  shall 
pnlist  after  the  said  first  day  of  January  next,  an  addi¬ 
tional  bounty  of  six  dollars,  making  the  entire  bounty 
ourteen  dollars  ;  but  the  payment  of  four  dollars  of 
lach  additional  bounty  hereby  granted,  shall  be  de- 
erred,  until  the  soldier  enlisting  shall  join  the  regi- 
nent  or  corps,  in  which  he  is  to  serve. 

■  Sec.  6.  And  be  it  further  enacted ,  That  to  those 
n  the  military  service  of  the  United  States,  who  are, 
»r  shall  be  employed  on  the  western  frontiers,  there 
hall  be  allowed,  during  the  time  of  their  being  so 
imployed,  two  ounces  of  flour  or  bread  and  two  oun¬ 
ces  of  beef  or  pork,  in  addition  to  each  of  their  ra- 
ions,  and  half  a  pint  of  salt  in  addition  to  every  hun- 
ired  of  their  rations. 

Approved,  January  the  second,  1795  i 

GEORGE  WASHINGTON, 
President  of  the  United  States, 


108 


•jjn  act  to  provide  for  calling  forth  the  Militia  to  ext- 
'cute  the  Lams  of  the  Union ,  suppress  Insurrections ,  and 
repel  Iinvasions  ;  and  to  repeal  the  Ml  now  in  force  for  • 
those  Purposes. 

Sec  1  Be  enoicted  by  the  Senate  and  house  of , 
Representatives  of  the  United  States  of  America  i» 
Congress  assembled ,  That  whenever  the  United  States 
shall  be  invaded,  or  be  in  imminent  danger  of  invasion 
from  any  foreign  nation  or  Indian  tribe,  it  shall  bed 
lawful  for  the  President  of  the  United  States,  to  call 
forth  such  number  of  the  militia  of  the  state,  or  states, 
most  convenient  to  the  place  of  danger,  or  scene  of, 
action,  as  he  may  judge  necessary  to  repel  such  tn-i 
■vasion,  and  to  issue  his  orders  .or  that  purpose,  to 
such  officer  or  officers  of  the  militia,  as  he  shall  think 
nroner  And  in  case  of  an  insurrection  in  any  slate, 
against  the  government  thereof,  it  shall  he  lawful  fot 
the  President  of  the  United  States,  on  application  of 
the  legislature  of  such  slate,  or  of  the  executive  (when 
the  legislature  cannot  be  convened)  to  call  forth  such 
number  of  the  militia  of  any  other  slate  or  states,  as 
may  he  applied  for,  as  he  may  judge  sufficient  to  sup- 
tvi’aco  such  insurrection. 

^  Sec  2  And  be  it  further  enacted ,  That  wlienevei 
the  laws  of  the  United  States  shall  be  opposed,  or  the 
execution  thereof  obstructed,  in  any  state,  by  com J 
binations  too  powerful  to  be  suppressed  by  the  ordinary 
course  of  judicial  proceedings,  or  by  the  powers  vest 
ed  in  the  marshals  by  this  act,  it  shall  be  ‘lawful  for  ^ 
President  of  the  United  States,  to  call  forth  the  mill 
tia  of  such  state,  or  of  any  other  state  or  states,  as  ma; 
be  necessary  to  suppress  such  combinations,  and  t 
cause  the  laws  to  be  duly  executed  ;  and  the  use  c 
militia  so  to  be  called  forth,  may  be  continued  it  ne 
cessarv,  until  the  expiration  of  thirty  days  aftei  th 
commencement  of  the  then  next  session  of  Congress 
.  Sec.  3.  Provided  always ,  and  be  it  furthei  enacte 
That  whenever  it  may  be  necessary,  in  lhc  J^  S^er 
of  the  President,  to  use  the  mihtaiy  force  heieby  d 


v  10  D 

*  •  »  • 

reeled  to  be  called  forth,  the  President  shall  forth¬ 
with,  by  proclamation,  command  such  insurgents  to 
disperse  and  retire  peaceably,  to  their  respective 
abode,  within  a  limited  time. 

Sec.  4.  And  be  it  further  enacted ,  That  the  militia 
employed  in  the  service  of  the  United  States,  shall 
be  subject  to  the  same  rules  and  articles  of  war,  as 
the  troops  of  the  United  States :  And  that  no  officer, 
non-commissioned  officer,  or  private  of  tbe  militia, 
shall  be  compelled  to  serve  more  than  three  months* 
after  his  arrival  at  the  place  of  rendezvous,  in  any  one 
year,  nor  more  than  in  due  rotation  with  every  other 
able-bodied  man  of  the  same  rank  in  the  battalion  to 
1  which  he  belongs. 

Sec.  5.  And  be  it  further  enacted ,  That  every  offi¬ 
cer,  non-commissioned  officer,  or  private  of  the  mili¬ 
tia,  who  shall  fail  to  obey  the  orders  of  the  President 
of  the  United  States,  In  any  of  the  cases  before  recit- 
:  ed,  shall  forfeit  a  sum  not  exceeding  one  year’s  pay 
and  not  less  than  one  month’s  pay,  to  be  determined 
and  adjudged  by  a  court  martial;  and  such  officer 
shall,  moreover,  be  liable  to«be  cashiered  by  sentence 
of  a  court  martial,  and  be  incapacitated  from  holding 
a  commission  in  the  militia,  for  a  term  not  exceeding 
twelve  months,  at  the  discretion  of  the  said  court: 
And  such  non-commissioned  officers  and  privates 
shall  be  liable  to  be  imprisoned,  by  a  like  sentence,  on 
failure  of  payment  of  the  fines  adjudged  against  them, 
Tor  one  calendar  month,  for  every  five  dollars  of  such 
[fine. 

Sec.  6.  And  be  it  further  enacted ,  That  courts  mar- 
1  tial  for  the  trial  of  militia,  shall  be  composed  of  mili¬ 
tia  officers  only. 

Sec.  7.  And  be  it  further  enacted ,  That  all  fines  to 
be  assessed,  as  aforesaid,  shall  be  certified  by  the  pre¬ 
siding  officer  of  the  court  martial,  befoie  whom  the 
same  shall  be  assessed,  to  the  marshal  of  the  district, 
in  which  the  delinquent  shall  reside,  or  to  one  of  his 
deputies,  and  also  to  the  supervisor  of  the  revenue  of 

K 


110 

•  •  •  • 

the  same  district,  who  shall  record  the  said  certificate 
in  a  book  to  be  kept  for  that  purpose.  The  said  mar¬ 
shal,  or  his  deputy,  shall  forthwith  proceed  to  levy  the 
said  fines  with  costs,  by  distress  and  sale  of  the  goods 
and  chattels  of  the  delinquent ;  which  costs  and  the 
manner  of  proceeding,  with  respect  to  the  sale  of  the 
goods  distrained,  shall  be  agreeable  to  the  laws  of  the 
state,  in  which  the  same  shall  be,  in  other  cases  of 
distress.  And  where  any  non-commissioned  officer 
or  private  shall  be  adjudged  to  suffer  imprisonment, 
there  being  no  goods  or  chattels  to  be  found,  whereof 
to  levy  the  said  fines,  the  marshal  of  the  district,  or 
his  deputy,  may  commit  such  delinquent  to  gaol,  dur¬ 
ing  the  term,  for  which  he  shall  be  so  adjudged  to 
imprisonment,  or  until  the  fine  shall  be  paid,  in  the 
same  manner,  as  other  persons  condemned  to  fine 
and  imprisonment,  at  the  suit  of  the  United  States, 
may  be  committed. 

Sec.  8.  And  be  it  further  enacted,  That  the  mar¬ 
shals  and  their  deputies  shall  pay  all  such  fines  by 
them  levied,  to  the  supervisor  of  the  revenue,  in 
the  district  in  which  they  are  collected,  within  two 
months  after  they  shall  have  received  the  same,  de¬ 
ducting  therefrom,  five  per  centum,  as  a  compensa-i 
tion  for  their  trouble  ;  and  in  case  of  failure,  the 
same  shall  be  recoverable  by  action  of  debt  or  inform 
mation,  in  any  court  of  the  United  States,  of  the  dis¬ 
trict  in  which  such  fines  shall  be  levied,  having  cog¬ 
nizance  thereof,  to  be  sued  for,  prosecuted,  and  recov¬ 
ered,  in  the  name  of  the  supervisor  of  the  district] 
with  interest  and  costs. 

m 

Sec.  9.  And  be  it  further  enacted ,  That  the  marshals 
of  the  several  districts,  and  their  deputies,  shall  have 
the  same  powers  in  executing  the  laws  of  the  United 
States,  as  sheriffs  and  their  deputies,  in  the  several 
states,  have  by  law,  in  executing  the  laws  of  the  ren 
spective  states. 

Sec.  10.  And  be  it  further  enacted,  That  the  act  , 

entitled, An  act  to  provide  for  calling  forth  the  mili  ’ 


Ill 

•  •  •  • 

tia,  to  execute  the  laws  of  the  Union,  suppress  insur- 
rections  and  repel  invasions,  passed  the  second  day 
of  May,  one  thousand  seven  hundred  and  ninety -two, 
shall  be,  and  the  same  is  hereby  repealed. 

FREDERICK  AUGUSTUS  MUHLENBERG, 

Speaker  of  the  House  of  Representatives . 
HENRY  TAZEWELL,  President  of  the 

Senate  pro  tempore . 

.  Approved,  February  the  28th,  1795  : 

GEORGE  WASHINGTON, 

President  of  the  United  States. 


An  ACT  to  authorize  a  Detachment  from  the  Militia. 

of  the  United  States . 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America ,  in 
Congress  asse?nbled ,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized  to  require  of 
the  executives  of  the  several  states  and  territories, 
to  take  effectual  measures  to  organize,  arm  and 
equip,  according  to  law,  and  hold  in  readiness  to 
march  at  a  moment’s  warning,  their  respective  pro¬ 
portions  of  one  hundred  thousand  militia,  officers  in¬ 
cluded,  to  be  apportioned  by  the  President  of  the 
United  States,  from  the  latest  militia  returns  in  the 
department  of  war ;  and  in  cases  where  such  returns 
have  not  been  made,  by  such  other  data  as  he  shall 
judge  equitable. 

Sec.  2.  And  be  it  further  enacted ,  That  the  detach¬ 
ment  of  militia  aforesaid  shall  be  officered  out  of  the 
present  militia  officers,  or  others,  at  the  option  ancl 
discretion  of  the  constitutional  authority  in  the  res¬ 
pective  states  and  territories ;  the  President  of  the 
United  States  apportioning  the  general  officers  among 
the  respective  states  and  territories*  as  he  may  deem 
proper  j  and  the  commissioned  officers  of  the  militia, 
when  called  into  actual  service,  shall  be  entitled  to 
the  same  pay,  rations  and  emoluments  as  the  oifficers 
of  the  army  of  the  United  States. 


112 

•  »  •  • 

Sec.  3.  And  be  it  further  enacted ,  That  the  said  de¬ 
tachment  shall  not  be  compelled  to  serve  a  longer 
time  than  six  months  after  they  arrive  at  the  place  of 
rendezvous  ;  and  during  the  time  of  their  service  the 
non-commissioned  officers,  musicians  and  privates 
shall  be  entitled  to  the  same  pay  and  rations  as  is  pro¬ 
vided  by  law  for  the  militia  of  the  United  States  when 
■called  into  actual  service. 

Sec.  4.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  of  the  United  States  be,  and  he  hereby  is  author¬ 
ized  to  call  into  actual  service  any  part  or  the  whole 
of  said  detachment  in  all  the  exigencies  provided  by 
the  constitution ;  and  the  officers,  non-commissioned 
officers,  musicians  and  privates,  of  the  said  detach¬ 
ment,  shall  be  subject  to  the  penalties  of  the  act,  en¬ 
titled  “  An  act  for  calling  forth  the  militia  to  execute 
the  laws  of  the  union,  suppress  insurrections  and  re¬ 
pel  invasions,  and  to  repeal  the  act  now  in  force  for 
those  purposes,”  passed  the  28th  day  of  February, 
1795  ;  and  if  a  part  only  of  said  detachment  shall  be 
called  into  actual  service,  they  shall  be  taken  from  • 
such  part  thereof  as  the  President  of  the  United  States 
shall  deem  proper. 

Sec.  5.  And  be  it  further  enacted ,  That  no  non¬ 
commissioned  officer,  musician  or  private,  belonging 
to  the  aforesaid  detachment  of  militia,  who  shall  be 
ordered  into  actual  service  by  the  President  of  the  ; 
United  States,  shall  be  subject  to  corporal  punishment, 
by  whipping,  any  thing  contained  in  any  act  to  the 
contrary  notwithstanding. 

Sec.  6.  And  he  it  further  enacted ,  That  in  lieu  of 
whipping,  as  provided  by  several  of  the  rules  and  ar-  , 
tides  of  war,  as  now  used,  and  practised  stoppage  of 
pay,  confinement  and  deprivation  of  part  of  the  ra¬ 
tions,  shall  be  substituted  in  such  manner  as  is  herein-  '  ' 
after  provided. 

Sec.  7.  And  be  it  further  enacted ,  That  any  non¬ 
commissioned  officer  or  private,  belonging  to  the 
aforesaid  detachment  of  militia,  who  shall,  while  in 


113 

•  •  •  • 

actual  service,  be  convicted  before  any  court  martial 
of  any  offence,  which,  before  the  passing  of  this  act, 
might,  or  could  have  subjected  such  person  to  bo 
whipped,  shall,  for  the  first  offence  be  put  under  such 
stoppages  of  pay  as  such  court  martial  shall  adjudge, 
not  exceeding  the  one  half  of  one  month’s  pay  for 
any  one  offence  ;  but  such  offender  may,  moreover, 
at  the  discretion  of  such  court  martial,  be  confined 
under  guard,  on  allowance  of  half  rations,  any  length 
of  time,  not  exceeding  ten  days  for  any  one  offence  j 
or  may,  at  the  discretion  of  such  court  martial,  be# 
publicly  drummed  out  of  the  army. 

Sec.  8.  And  be  it  further  enacted ,  That  the  sum  of 
one  million  of  dollars  be,  and  the  same  is  hereby  ap¬ 
propriated  to  be  paid  out  of  any  monies  in  the  treasu¬ 
ry  not  otherwise  appropriated,  towards  defraying  any 
expense  incurred  by  virtue  of  the  provisions  of  this, 
act. 

Sec.  9.  And  be  it  further  enacted ,  That  this  act 
shall  continue  and  be  in  force  for  the  term  of  two 
years  from  the  passing  thereof,  and  no  longer. 

April  10,  1812.  Approved,  JAMES  MADISON. 

Extract  from  the  Militia  Law  of  the  State  of  JYew-Yorfc,  passed 

March  29,  1808. 

Sec.  68.  And  be  it  further  enacted,  That  the  commander  in 
chief  of  this  state  may  in  case  of  invasion  or  other  emergency, 
when  he  shall  judge  it  necessary,  order  out  any  proportion  of 
the  militia  of  this  state,  to  march  to  any  part  thereof  and  continue 
as  long  as  he  may  think  necessary,  and  may  likewise  in  conse¬ 
quence  of  an  application  of  the  executive  of  any  of  the  United 
States,  of  an  invasion  or  an  insurrection,  or  an  apprehension  of  an 
invasion  of  such  state,  at  his  discretion,  order  any  number  of 
the  militia  not  exceeding  one  third  part  thereof,  to  such  state  2 
Provided,  That  they  be  not  compelled  to  continue  on  duty  oat 
af  this  state,  more  than  forty  days  at  any  one  time  :  that  while 
in  actual  service  in  consequence  of  being  so  called  out,  they 
shall  receive  the  same  pay  and  rations  and  be  subject  to  tha 
same  rules  and  regulations  as  the  troops  of  the  United  States  of 
America. 

K  2 


114 

•  •  0  • 

REGULATIONS. 

THE  President  is  pleased  to  direct,  that  the  follow-^ 
ing  regulations  be  observed  in  relation  to  waiters : 

Major  generals  will  be  entitled  to  six  waiters — • 
brigadier  generals  four — colonels  three-— lieuten-  j 
ant  colonels  two — majors  two — hospital  surgeons 
two — and  all  other'coihmissioned  officers  one  each. 

And  whereas  by  an  act  of  July  6th,  1812,  it  is  pro¬ 
vided  “  That  officers  who  shall  not  take  waiters  from 
the  line  of  the  army,  shall  receive  the  pay,  clothing 
and  subsistence  allowed  to  a  private  soldier,  for  as 
many  waiters  as  they  shall  actually  keep,  not  exceed¬ 
ing  the  number  allowed  by  existing  regulations 
these  officers  who  actually  keep  waiters  not  of  the  ar-. 
my,  will  be  allowed  to  draw  money  in  lieu  of  clothing 
and  subsistence — the  clothing  will  be  estimated  at 
the  contract  price,  to  be  fixed  by  the  commissary  gen¬ 
eral  ;  and  subsistence  will  be  estimated  at  twenty 
cents  per  ration,  conformably  to  the  act  of  April  12th, 
1808. 

The  proper  vouchers  for  officers  claiming  allowance 
under  the  foregoing  provisions  of  this  act,  will  be  the 
certificate  of  the  officer  that  he  actually  employed  and 
kept  in  service  the  number  of  waiters  charged,  not  ofl 
the  army;  and  that  he  did  not,  during  the  term  sol 
charged,  keep  or  employ  as  waiters  or  servants,  sol¬ 
diers  from  the  line  of  the  army. 

Done  at  the  War-Office  of  the  United  States,  ini 
the  city  of  Washington,  this  20th  day  of  July,  ini 
the  year  of  our  Lord  one  thousand  eight  hundred 
and  twelve. 

(Signed)  W.  EUSTIS. 


115  . 

•  a  •  9 

Recruiting  Instructions. 

Officers  charged  with  the  recruiting  service  of 
their  respective  regiments,  will  receive  mpney  for 
bounties  and  premiums,  from  the  paymaster  of  the  ar¬ 
my  ;  and  for  contingent  service,  from  the  accountant 
of  the  war  department  :  for  all  which  they  will  give 
duplicate  receipts — Captains  or  principal  officers  re¬ 
cruiting  for  companies  will  receive  money  for  boun¬ 
ties,  premiums  and  contingencies  from  the  officer 
commanding  the  regiment,  for  which  they  will  give 
duplicate  receipts,  and  be  held  accountable  to  the 
accountant  of  the  department  of  war.  They  will  also 
on  the  order  of  the  commanding  officer  of  the  regi¬ 
ment  receive  from  the  proper  officer,  clothing,  arms, 
accoutrements  and  camp  equipage  for  their  recruits, 
for  which  they  will  give  the  proper  duplicate  receipts? 
and  be  held  accountable. 

Each  recruiting  officer  will  transmit  a  statement  of 
his  accounts,  monthly,  to  the  commanding  officer  of 
the  regiment,  who  will  transmit  the  same  with  his 
own  accounts  to  the  accountant  of  the  war  department. 

Officers  recruiting  for  companies,  will  be  held  res¬ 
ponsible  for  the  good  conduct  of  their  recruits,  and 
will  transmit  correct  returns,  weekly,  to  the  com¬ 
manding  officer  of  the  regiment. 

Commanding  officers  of  regiments  will  be  held  res¬ 
ponsible  for  the  good  conduct,  order  and  discipline  of 
their  corps,  and  will  transmit,  weekly  returns  to  the 
adjutant  general’s  office,  shewing  the  strength  and 
disposition  of  the  regiment,  the  state  of  its  discipline, 
and  the  alterations  since  last  return. 

Persons  charged  with  the  delivery  of  clothing, 
arms,  accoutrements,  ammunition,  camp  equipage, 
medicine  and  provisions,  will  furnish  these  articles 
respectively,  on  the  order  of  commanding  officers  of 
regiments,  when  actually  on  the  recruiting  service. 

When  a  recruiting  officer  shall  send  a  party  of  re- 
emits  to  the  regiment,  he  will  transmit  to  the  com- 


116 

•  i  •  « 

manding  officer  an  exact  -statement  of  each  man’s  ac¬ 
count,  as  respects  subsistence,  clothing,  bounty  and 
pay,  which  will  be  entered  in  the  books  of  the  com¬ 
pany. 

Recruits  are  to  be  free  from  sore  legs,  scurvy, 
scalled  head,  ruptures,  and  other  infirmities.  The 
age  is  to  be  conformable  to  law  ;  but  healthy,  active 
boys,  between  fourteen  and  eighteen  years  of  age, 
may  be  enlisted  for  musicians.  In  all  cases  where 
minors  or  apprentices  are  enlisted,  the  consent  in 
writing,  of  the  parent,  master,  or  guardian,  if  any  such 
there  be,  is  to  be  obtained,  and  accompany  the  enlist¬ 
ment. 

No  objection  is  to  be  made  to  a  recruit  for  want  of 
size,  provided  he  is  strong,  active,  well  made,  and 
healthy. 

As  soon  as  convenient,  and  within  six  days  at  far¬ 
thest,  from  the  time  of  enlistment,  every  recruit  shall 
be  brought  before  a  magistrate,  and  take  and  sub¬ 
scribe  the  oath  required  by  law,  according  to  the  form 
prescribed. 

All  recruits  are  to  be  mustered  by  the  officer  com¬ 
manding  the  regiment.  When  a  recruit  is  rejected,  his 
clothing,  if  delivered,  and  the  bounty  advanced  to  him, 
are  to  be  returned  ;  for  which  the  recruiting  officer 
will  be  held  accountable. 

If  any  recruit  who  has  received  the  bounty,  or  a 
part  of  it  shall  abscond,  he  is  to  be  pursued  and  pun¬ 
ished  as  a  deserter. 

Each  officer  who  is  engaged  in  the  recruiting  ser¬ 
vice,  will  procure  the  necessary  transportation,  forage, 
fuel,  straw  and  stationary  ;  taking  care  to  have  his  ac¬ 
counts  therefor  supported  by  proper  vouchers. 

Recruiting  officers  who  have  no  enlisted  musicians, 
are  authorized  to  engage  a  drummer  and  fifer,  at  a 
sum  not  exceeding  fifteen  dollars  per  month,  and  one 
ration  per  day  each. 


117 

®  •  •  • 

No  recruit  can  be  discharged,  except  by  an  order 
from  the  secretary  of  war. 

By  Order  of  the  Secretary  of  War , 

Adjutant  General’s  Office, 

Washington  City ,  3 1  st  July ,  1 8  1 2. 

T.  H.  CUSHING,  Adjutant  General 

Adjutant  General’s  Office, 

Washington  City ,  5?/;  *SVyW*  1812. 

The  proceedings  of  general  courts  martial,  which 
in  time  of  peace  are  to  be  submitted  to  the  President 
of  the  United  States,  before  the  same  can  be  carded 
into  execution,  will  during  the  continuance  of  the  war, 
be  laid  before  the  general  officer  having  the  command 
of  the  department,  within  which  such  general  courts 
martial  may  be  held,  for  his  confirmation  or  disappro¬ 
val,  and  orders  in  the  case,  agreeably  to  the  provisions 
of  the  65th  article  of  the  act  entitled  “  An  act  for 
establishing  rules  and  articles  for  the  government  of 
the  armies  of  the  United  States.” 

By  Order  of  the  Secretary  of  War , 

T.  H.  CUSHING,  Adjutant  General . 


Enlistment . 

STATE  OF 

I  born  in  aged  years,  feet 

inches  high,  of  complexion,  eyes,  hair, 
and  by  profession  a  do  hereby  acknowledge  to 

have  this  day  voluntarily  enlisted  as  a  soldier  in  the 
army  of  the  United  States  of  America,  for  the  period 
o:  .i'  •  years,  [or  eighteen  months,  as  the  case  mau  be~\ 
u-. .....  sooner  discharged  by  proper  authority  ;  do  al- 


118  , 

•  »  •  • 

so  agree  to  accept  such  bounty,  pay,  rations  and  clo¬ 
thing,  as  is  or  may  be  established  by  law.  And  I 

do  solemnly  swear,  that  I  will  bear  true  faith 
and  allegiance  to  the  United  States  of  America,  and 
that  I  will  serve  them  honestly  and  faithfully  against 
their  enemies  or  opposers  whomsoever  ;  and  that  I 
will  observe  and  obey  the  orders  of  the  President  of 
the  United  States,  and  the  orders  of  the  officers  ap¬ 
pointed  over  me,  according  to  the  rules  and  articles 
of  war. 

Sworn  and  subscribed  to,  at  this  day  of 

181 

Before 

Receipt. 

Received  of  of  the  United  States  army, 

this  day  of  181  dollars,  in  part 

of  my  bounty  for  enlisting  into  the  army  of  the  United 
States  for  Signed  duplicate  receipts. 

Dollars. 

Witness. 

Form  of  Enlistment  for  Volunteers. 

We  the  subscribers  do  hereby  volunteer  and  offer 
our  services  to  the  United  States,  under  and  pursu¬ 
ant  to  the  act  of  congress,  entitled  An  act  to  author¬ 
ize  a  detachment  from  the  militia  of  the  United 
States,”  passed  the  10th  day  of  April,  1812,  and  as  a 
part  of  the  detachment  of  thirteen  thousand  live  hun¬ 
dred  men,  required  by  general  orders  of  the  com¬ 
mander  in  chief,  bearing  date  the  twenty-first  day  of 
April,  1812.  In  testimony  whereof,  we  have  here¬ 
unto  subscribed  our  names,  the  day  of  181 

Kame!  |  Residence  |  °tioT'  |  Kank  |  Witnesses  I  Remarks 


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Recruiting  Instructions. 


ADJUTANT  GENERAL’S  OFFICE, 

Washington  City ,  15  January ,  1313. 

The  following  recruiting  districts  are  established 
within  the  state  of  New- York  : 

New-York,  three  districts  ;  the  first  to  include  that 
part  of  the  state  lying  south  of  Poughkeepsie,  princi¬ 
pal  rendezvous 

The  second  to  include  all  north  of  Poughkeepsie  and 
east,  of  Utica,  principal  rendezvous 

The  third  to  include  the  remainingpart  of  the  state, 
principal  rendezvous  Canandaigua. 

Each  district  will  be  placed  under  the  superintend¬ 
ence  of  a  field  officer,  who  v/ill  have  deposited  at  the 
principal  rendezvous  a  sufficient  quantity  of  clothing, 
arms,  accoutrements,  ammunition,  camp  equipage, 
and  medicine,  for  all  the  men  to  be  recruited  within 
the  district.  He  will  be  furnished  with  money  for 
bounties  and  premiums  by  the  paymaster  of  the  army, 
and  for  contingent  service,  by  the  War  Department, 
and  will  employ  every  captain  and  subaltern  within 
the  district  (not  on  other  duty  by  order  of  a  superior 
officer)  on  the  recruiting  service  for  the  regiment  to 
which  such  captains  and  subalterns  may  belong,  and 
will  supply  them  with  money,  clothing,  See.  for  this 
purpose,  taking  their  duplicate  receipts,  holding  them 
accountable  to  the  accountant  of  the  department  of 
war  ;  and  he  will  transmit  to  the  said  department  a 
statement  of  his  accounts  weekly,  showing  the  amount, 
of  money,  clothing,  &c.  received  and  distributed,  and 
the  balance  remaining  on  hand.  He  will  be  held 
strictly  responsible  for  the  good  conduct,  order  and 
discipline  of  the  corps  within  his  district,  and  will 
transmit  weekly  returns  to  this  office,  showing  the 
name,  rank,  regiment,  and  station  of  every  officer, 
employed  by  him  on  the  recruiting  service,  the  strength 
of  their  parties  and  the  alterations  since  last  return  ; 
and  he  will  use  every  possible  exertion  to  promote  the 
said  service,  by  visiting  the  different  rendezvous  with¬ 
in  his  district,  and  by  directing  his  recruiting  officers 
to  places  where  they  are  known,  or  such  as  promise 
most  success. — He  will  be  furnished  with  a  copy  of  the 
contract  for  the  territory  included  in  his  disti.  ,  and 
will  give  due  notice  to  the  contractor  or  his  agent,  for 
supplying  his  parties  with  provisions,  at  such  places 
within  the  district,  as  he  may  deem  necessary.  And 
that  there  may  be  no  unnecessary  delay  in  paying  the 
recruits,  agreeably  to  law,  he  will  transmit  regular 


sets  of  muster  rolls  of  all  the  officers  and  men  in  hi? 
district,  to  the  district  or  other  paymaster,  who  will 
be  instructed  to  make  the  regular  payments  by  the 
paymaster  of  the  army. 

Recruiting  officers  will  receive  money,  clothing,  Sec. 
for  their  recruits,  from  the  commanding  officer  of  the 
district,  for  which  they  will  give  the  proper  duplicate 
receipts,  and  be  held  accountable.  They  will  trans¬ 
mit  to  him  a  statement  of  their  accounts  weekly, 
showing  the  amount  of  money,  clothing.  Sec.  received  4 
and  distributed,  and  the  balance  remaining  on  hand  ; 
a  duplicate  of  which  they  will  transmit  to  the  War 
Department.  They  will  be  held  responsible  for  the 
good  conduct  of  their  recruits,  and  will  transmit  cor-  ' 
rect  returns  weekly,  to  the  commanding  officer  of  the 
district  and  to  this  office. 

The  commissary  general  of  purchases  will  cause 
to  be  deposited,  at  the  principal  rendezvous  in  each 
district,  subject  to  the  orders  of  the  field  officer,  a 
sufficient  quantity  of  clothing,  arms,  accoutrements, 
ammunition,  camp  equipage  and  medicine,  for  the 
number  of  men  to  be  recruited  therein  ;  and  that- 
there  shall  at  no  time  be  a  deficiency  of  any  of 
these  articles,  the  field  officer  will  give  due  notice  to 
the  commissary  general  of  the  articles  received,  de¬ 
livered,  and  cn  hand,  and  at  what  time  a  further  sup¬ 
ply  will  be  necessary. 

When  a  recruiting  officer  shall  send  a  party  of  re¬ 
cruits  to  the  principal  rendezvous  he  will  transmit  to 
the  commanding  officer  an  exact  statement  of  each 
man’s  account,  as  respects  clothing,  subsistence, 
bounty  and  pay  ;  and  a  like  statement  must  accom¬ 
pany  every  man  sent  to  the  regiment,  to  be  entered 
in  the  books  of  the  company  for  which  he  enlisted. 

Recruits  are  to  be  free  from'  sore  legs,  scurvy,  seal- 
led  head,  ruptures,  and  other  infirmities.  The  age 
is  to  be  conformable  to  lav/,  but  healthy  active  boys, 
between  fourteen  and  eighteen  years  of  age,  may  be 
enlisted  for  musicians.  In  all  cases  where  minors  or 
apprentices  are  enlisted,  the  consent  in  writing  of  the 
parent,  guardian,  or  master,  if  any  such  there  be,  is 
to  be  obtained,  and  accompany  the  enlistment. 

No  objection  is  to  be  made  to  a  recruit  for  want  of 
size,  provided  he  is  strong,  active,  well  made,  and 
healthy. 

As  soon  as  convenient,  and  within  six  days  at  farth¬ 
est  from  the  time  of  his  enlistment,  every  recruit 
shall  be  brought  before  a  magistrate,  and  take  and 


s 


subscribe  the  oath  required  by  law,  according  to  the 
form  prescribed. 

When  a  recruit  is  rejected,  his  clothing,  if  deliver¬ 
ed,  and  the  bounty  advanced  to  him,  shall  be  returned 
for  which  the  recruiting  officer  will  be  held  accounta¬ 
ble. 

If  any  recruit,  after  having  received  the  bounty,  or 
a  part  of  it,  shall  abscond,  he  is  to  be  pursued  and  pun- 
:  ished  as  a  deserter. 

Every  officer  engaged  in  the  recruiting  service  will 
■  procure  the  necessary  transportation,  forage,  fuel, 
straw,  and  stationary,  taking  care  to  have  his  accounts 
;  therefor  supported  by  proper  vouchers. 

Recruiting  officers  having  no  enlisted  musicians,  are 
i  authorized  to  engage  a  drummer  and  fifer,  at  a  sum 
not  exceeding  fifteen  dollars  per  month,  and  one  ra¬ 
tion  per  day  each. 

By  order  of  the  Secretary  of  War . 

T.  H.  CUSHING,  Adjutant  General , 

I  ' 

(Duplicate.) 

ADJUTANT  GENERAL’S  OFFICE, 

SIR,  Washington  City ,  15  January ,  1813. 

It  has  been  deemed  necessary  to  divide  the  Uni¬ 
ted  States,  and  the  territories  thereof,  into  recruiting 
districts,  under  the  superintendence  of  field  officers, 
conformably  to  which  arrangement,  you  have  been  ap¬ 
pointed  to  superintend  the  district  composed  of  that 
;  part  of  the  state  of  New-York  termed  in  the  recruting 
instructions  the  third,  and  will  take  the  immediate  di¬ 
ll  rection  of  the  recruiting  service  within  the  same. 

Enclosed  I  have  the  honor  to  furnish  you  with  a  copy 
of  the  articles  of  war,  military  laws  and  regulations  of 
the  War  Department,  twenty  copies  of  recruiting  in¬ 
structions,  two  blank  weekly  recruiting  returns,  for  dis¬ 
tricts,  and  twenty  for  recruiting  officers  ;  also  a  copy 
of  the  contract  for  the  territory  comprehended  within 
your  limits. 

The  recruiting  instructions  point  out  the  extent  of 
territory  under  your  superintendence,  the  place  at 
which  you  will  fix  your  principal  rendezvous,  the  man  ¬ 
ner  in  which  all  your  wants  are  to  be  supplied,  and 
your  duties  generally  while  employed  on  this  service. 

The  officers  within  your  district  will  be  ordered  to 
report  themselves  to  you,  at  the  principal  rendezvous, 
without  delay  ;  but  as  far  as  your  knowledge  of  such 
officers  and  their  residence  may  extend,  you  will  or¬ 
der  them  into  service,  without  waiting  for  their  report. 


4 


It  is  expected  that  you  will  exercise  the  utmost  cor¬ 
rectness  and  punctuality,  in  making  out  and  transmiting 
your  statements  and  returns  ;  and  that  you  will  exact 
a  like  observance  of  the  instructions  on  this  head  from 
the  officers  under  your  command  ;  that  you  will  be 
particular  in  forwarding  your  requisitions  for  whatev¬ 
er  you  may  find  necessary,  in  due  season,  so  as  never 
to  permit  the  recruiting  service  to  be  embarrassed  for 
want  of  the  necessary  supplies  ;  and  in  case  it  should 
so  happen,  that  after  having  made  such  requisitions  to 
the  proper  department,  there  should  be  a  failure  in  the 
supplies  of  clothing,  camp  equipage,  or  medicine,  you 
are  hereby  authorized  to  contract  for,  and  purchase 
such  quantity  of  each  of  these  articles,  as  may  be 
found  necessary  for  immediate  use  ;  the  expenditures 
for  which,  you  will  defray  out  of  the  contingent  funds 
placed  in  your  hands. 

To  each  recruiting  officer,  you  will  furnish  a  copy  of 
the  recruiting  instructions,  the  form  of  enlistment,  and 
a  blank  weekly  recruiting:  return  ;  together  with  such 
further  information  as  may  be  necessary  for  his  gover- 
ment. 

You  will  leave  the  recruits  with  the  party,  or  collect 
them  at  the  principal  rendezvous,  as  you  may  deem 
most  advantageous  to  the  service  ;  the  parties,  howev¬ 
er,  ought  never  to  be  without  a  few  handsome,  well 
dressed  men,  who,  from  their  appearance  and  activity, 
may  be  enabled  to  give  a  spirit  to  the  recruiting  busi¬ 
ness. 

The  commissary  general  of  purchases,  is  directed  to 
have  deposited  at  the  principal  rendezvous,  sufficient 
supplies  of  clothing,  &c.  for  the  number  of  men  to  be 
raised  in  your  district,  to  wit,  fifty  light  dragoons,  one 
hundred  artillery,  and  six  hundred  infantry,  which  you 
will  have  distributed  among  the  different  rendezvous  in 
such  manner  as  never  to  permit  them  to  be  in  want, 
but  on  the  contrary  that  every  recruit  may  be  put  in 
complete  uniform  the  moment  he  is  enlisted. 

1  am  instructed,  by  the  Secretary  of  War,  to  add, 
that  every  officer  employed  on  the  recruiting  service, 
who  shall  neglect  to  make  and  forward  the  returns, 
&c.  required  by  the  recruiting  instructions,  or  fail  to 
use  all  due  industry  in  the  discharge  of  the  duties  as¬ 
signed  him,  will  be  struck  from  the  rolls  of  the  army. 

I  am,  Sir,  very  respectfully,  your  obedient  servant, 

T.  H.  CUSHING,  Adjt.  Genl. 

In  addition  to  the  above  instructions,  which  you 


5 


will  punctually  observe,  it  is  expected  that  you  will 
exercise  the  utmost  correctness  and  punctuality  in 
making  out  and  transmitting  your  statements  and  re¬ 
turns,  not  only  of  recruits,  but  of  all  the  clothing,  arms, 
accoutrements,  and  in  short,  every  thing  that  you  re¬ 
ceive  for  the  use  of  the  recruits  under  your  command. 
And  if  it  shall  so  happen,  that  any  officer  employed  on 
the  recruiting  service,  shall  neglect  to  make  and  for¬ 
ward  the  returns,  £tc.  required  by  the  recruiting  in¬ 
structions,  or  fail  to  use  all  due  industry  in  the  dis¬ 
charge  of  the  duties  assigned  him,  he  will  be  struck 
from  the  rolls  cf  the  army. 

It  is  absolutely  necessary  that  you  keep  distinct  and 
separate  accounts  under  the  head  of  Pay  of  the  Army 
and  Bounties  and  Premiums,  the  vouchers  or  receipts 
for  its  application  must  be  kept  separate  and  distinct. 

You  have  already  a  form  of  a  Receipt  for  bounties 
to  recruits.  The  following  is  a  form  of  a  Receipt  to 
be  taken  from  the  recruit  for  his  advance  of  pay, 
which  must  accompany  every  enlistment : 

Received  of  this  day  of 

181  ,  at  in  the  state  of  New-York,  twelve  dollars 
in  advance  on  account  of  my  pay  as  a  soldier  in  the 
United  States  army,  from  the  of  1813,  the 
date  of  my  enlistment.  Signed  duplicates  hereof. 

Dolls.  12.  Witness. 


AN  ACT  encreasing  the  Pay  of  the  Non- Commis¬ 
sioned  Officersy  Musicians ,  Privates  and  others  of 
the  Army ,  and for  other  Purposes » 

BE  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  United  States  of  America ,  in  Con¬ 
gress  assembled ,  That  from  and  after  the  31st  day  of 
December,  1812,  the  monthly  pay  of  the  non-commis¬ 
sioned  officers,  musicians,  privates,  drivers,  bombard¬ 
iers,  rnatrosses,  sappers,  miners,  artificers,  saddlers, 
farriers,  and  blacksmiths,  who  have  enlisted,  or  shall 
hereafter  enlist  in  the  service  of  the  United  States, 
shall,  during  the  continuance  of  the  war  between  the 
United  States  of  America  and  their  territories,  and  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  the 
dependencies  thereof,  be  as  follows,  to  wit :  to  each 
sergeant  major  and  quarter  master  sergeant,  twelve 
dollars ;  to  each  sergeant  and  principal  musician, 
eleven  dollars ;  to  each  corporal,  ten  dollars  ;  to  each 
musician,  nine  dollars  ;  to  each  private,  driver,  bom¬ 
bardier,  matross,  sapper,  and  miner,  eight  dollars; 

n 


6 


to  each  artificer,  saddler,  farrier,  and  blacksmith, 
not  attached  to  the  quarter  master  general’s  and 
ordnance  department,  thirteen  dollars. 

Sec.  2.  And  be  it  further  enacted.  That  during  the 
continuance  of  the  war  with  Great  Britain,  no  non¬ 
commissioned  officer,  musician,  private,  driver,  bom¬ 
bardier,  matross,  sapper,  miner,  artificer,  saddler, 
farrier,  or  blacksmith,  enlisted  in  the  service  of  the 
United  States,  during  his  continuance  in  service,  shall 
be  arrested  or  subject  to  arrest,  or  to  be  taken  in  exe¬ 
cution  for  any  debt  contracted  before  or  after  enlist¬ 
ment. 

Sec.  3.  And  be  it  further  enacted,  That  every  non¬ 
commissioned  officer,  musician  and  private,  who  shall, 
after  the  promulgation  of  this  act,  be  recruited  in  the 
regular  army  of  the  United  States,  may  at  his  option, 
to  be  made  at  the  time  of  enlistment,  engage  to  serve 
during  the  present  war  with  Great  Britain,  instead  of 
the  term  of  five  years,  and  shall  in  case  he  make  such 
option,  be  entitled  to  the  same  bounty  in  money  and 
land,  and  to  all  other  allowances,  and  be  subject  to  the 
same  rules  and  regulations,  as  if  he  had  enlisted  for 
the  term  of  five  years. 

Approved,  Dec.  12,  1812.  JAMES  MADISON. 


AN  ACT  supplementary  to  the  Act,  entitled  “  An 
Act  for  the  more  perfect  organization  of  the  Army 
of  the  United  States.” 

BE  it  enacted  by  the  Senate  and  House  of  Repre¬ 
sentatives  of  the  United  States  of  America ,  in  Con¬ 
gress  assembled ,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  by  and  with 
the  advice  and  consent  of  the  Senate,  to  appoint  one 
additional  major  to  the  first  regiment  of  light  dra¬ 
goons,  the  regiment  of  light  artillery,  each  regiment 
of  infantry,  and  the  rifle  regiment,  in  the  army  of  the 
United  States,  who  shall  receive  the  like  pay,  rations, 
forage,  and  other  emoluments,  as  officers  of  the  same 
grade  and  corps  of  the  present  military'  establish¬ 
ment. 

Sec.  2.  And  be  it  further  enacted ,  That  there  be 
appointed  in  manner  aforesaid,  one  third  lieutenant, 
to  each  troop  or  company,  in  the  army  of  the  United 
States,  who,  if  of  cavalry,  or  light  dragoons,  shall  re¬ 
ceive  the  monthly  pay  of  thirty  dollars,  and  of  other 
corps,  twenty-three  dollars,  and  be  allowed  the  same 
forage,  rations  and  other  emoluments  as  second  lieu¬ 
tenants  of  the  same  corps  to  which  they  belong. 


7 


Sec.  3.  And  be  it  further  enacted.  That  there  be 
allowed  to  each  troop  or  company,  in  the  army  of  the 
United  States,  one  additional  sergeant,  who  shall  re¬ 
ceive  the  like  pay,  clothing,  rations,  and  other  emol¬ 
uments,  as  sergeants  of  the  present  military  estab¬ 
lish  ment. 

Sec.  4.  And  be  it  further  enacted ,  That  in  order  to 
complete  the  present  military  establishment  to  the 
full  number  authorized  by  law,  with  the  greatest  pos¬ 
sible  despatch,  there  shall  be  paid  to  each  effective 
able  bodied  man,  who  shall  be  duly  enlisted  into  the 
service  of  the  United  States,  after  the  first  day  of 
February  next,  to  serve  for  the  term  of  five  years,  or 
during  the  war,  an  advance  of  twenty-four  dollars  on 
account  of  his  pay,  in  addition  to  the  existing  bounty, 
one  half  of  such  advance  to  be  paid  at  the  enlistment 
of  the  recruit,  and  the  other  half  when  he  shall  be 
mustered,  and  have  joined  some  military  corps  of  the 
United  States  for  service  ;  and  a  bounty  of  one  hun¬ 
dred  and  sixty  acres  of  land,  as  heretofore  establish¬ 
ed  by  law. 

Sec.  5.  And  be  it  further  enacted ,  That  the  com¬ 
missioned  officers  who  shall  be  employed  in  the  re¬ 
cruiting  service,  shall  be  entitled  to  receive  for  every 
effective  able  bodied  man,  who  shill  be  duly  enlisted 
after  the  first  day  of  February  next,  by  them,  for  the 
term  of  five  years,  or  during  the  war,  and  mustered, 
and  between  the  ages  of  eighteen  and  forty-five  years, 
the  sum  of  four  dollars  :  Provided  nevertheless , 
That  this  regulation,  so  far  as  respects  the  age  of  the 
recruit,  shall  not  extend  to  musicians,  or  to  those  sol¬ 
diers  who  may  re-enlist  into  the  service  :  And  provi¬ 
ded  also.  That  no  person  under  the  age  of  twenty- one 
years  shall  be  enlisted  by  any  office?,  or  held  in  the 
service  of  the  United  States,  wiihout  the  consent,  in 
writing,  of  his  parent,  guardian  or  master,  first  had 
and  obtained,  if  any  he  have  ;  and  if  any  officer  shall 
enlist  any  person  contrary  to  the  true  intent  and 
meaning  of  this  act,  for  every  such  offence  he  shall 
forfeit  and  pay  the  amount  of  the  bounty  and  clothing 
wlii.ch  the  person  so  recruited  may  have  received 
from  the  public,  to  be  deducted  cut  of  the  pay  and 
emoluments  of  such  officer. 

Sec.  6.  And  be  it  further  enacted,  That  it  shall  be 
lawful  for  any  person,  during  the  time  he  may  be 
performing  a  tour  of  militia  duty,  to  enlist  in  the  re¬ 
gular  army  of  the  United  States;  and  the  recruiting 
officers  are  hereby  authorized  to  enlist  any  such  per- 


3 


son  in  the  same  manner,  and  under  the  same  regula¬ 
tions,  as  if  he  were  not  performing  such  militia  duty  ; 
and  every  person  who  shall  enlist,  while  performing 
a  tour  of  militia  duty  as  aforesaid,  shall  be  thereby 
exonerated  from  serving  the  remainder  of  said  tour  ; 
and  the  state  to  which  he  may  belong  shall  not  be  re¬ 
quired  to  furnish  any  other  person  to  serve  in  his 
stead.  Approved,  January  20,  1813. 

JAMES  MADISON. 

An  ACT  in  addition  to  the  Ac t,  entitled  “  An  Act  to 

raise  an  additional  Military  Force,”  and  for  other 

Purposes. 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America,  in 
Congress  assembled,  That  in  addition  to  the  present 
military  establishment  of  the  United  States,  there  be 
raised  such  number  of  regiments  of  infantry,  not  excee¬ 
ding  twenty,  as  in  the  opinion  of  the  President  may  be 
necessay  for  the  public  service,  to  be  enlisted  for  the 
term  of  one  year,  unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted ,  That  each  of  the 
said  regiments  shall  consist  of  one  colonel,  one  lieuten¬ 
ant  colonel,  two  majors,  one  adjutant,  one  paymaster, 
one  quarter  master,  one  surgeon,  two  surgeon’s  mates# 
one  sergeant  major,  one  quarter  master  sergeant,  two 
principal  musicians,  and  ten  companies. 

Sec.  3.  And  be  it  furtlvr,  enacted ,  That  each  com¬ 
pany  shall  consist  of  one  captain,  one  first  lieutenant, 
one  second  lieutenant,  one  third  lieutenant,  one  ensign, 
five  sergeants,  six  corporals,  two  musicians,  and  nine¬ 
ty  privates. 

Sec.  4.  And  be  it  further  enacted ,  That  it  shall  be 
lawful  for  the  President  of  the  United  States  in  the  re¬ 
cess  of  the  senate  to  appoint  such  of  the  officers  author¬ 
ized  by  this  act,  as  may  not  be  appointed  during  the 
present  session  ;  which  appointments  shall  be  submitted 
to  the  senate  at  their  next  session  for  their  advice  and 
consent. 

Sec.  5.  and  be  it  further  enacted ,  That  all  the  officers 
non-commissioned  officers,  musicians  and  privates,  au¬ 
thorized  by  this  act,  shall  receive  the  like  pay,  forage, 
rations,  clothing,  and  other  emoluments,  (land  and 
bounty  excepted)  as  the  officers  o  the  same  grade  and 
corps,  non-commissioned  officers,  musicians  and  pri¬ 
vates,  of  the  present  military  establishment. 

Sec.  6.  And  be  it  further  enacted,  That  the  officers, 
non-commissioned  officers,  musicians  andprivates,  of 


9 


the  regiments  hereby  authorized  to  be  raised,  shall  be 
governed  by  the  rules  and  articles  of  war,  which  have 
been  established  by  the  United  States  in  congress  as¬ 
sembled,  or  by  such  rules  and  articles  as  may  be  here¬ 
after  by  law  established. 

Sec.  7.  And  be  it  further  enacted ,  That  the  com¬ 
missioned  officers,  who  shall  be  employed  in  recruiting 
the  force  authorized  by  this  act,  shall  be  entitled  to  re¬ 
ceive,  for  every  person  enlisted  by  them  into  this  ser¬ 
vice,  for  the  term  specified,  and  approved  by  the  com¬ 
manding  officers  of  the  regiment,  and  between  the  ages 
of  eighteen  and  forty-five  years,  the  sum  of  two  dollars. 
Provided ,  nevertheless ,  That  this  regulation,  so  far  as 
respects  the  age  of  the  recruit  shall  not  extend  to  mu¬ 
sicians,  or  to  those  soldiers  who  may  re-enlist  into  the 
service  :  And  provided  also ,  That  no  person  under  the 
age  of  twenty-one  years  shall  be  enlisted  by  an  officer, 
or  held  in  the  service  of  the  United  States,  without  the 
consent  in  writing  of  his  parent,  guardian,  or  master, 
first  had  and  obtained,  if  any  he  have  ;  and  if  any  of¬ 
ficer  shall  enlist  any  person  contrary  to  the  true  intent 
and  meaning  of  this  act,  for  every  such  offence,  he 
shall  forfeit  and  pay  the  amount  of  the  bounty  and  clo¬ 
thing  which  the  person  so  recruited  may  have  recei¬ 
ved  from  the  public,  to  be  deducted  out  of  the  pay  and 
emolument  of  such  officer. 

Sec.  8.  And  be  it  further  enacted ,  That  there  shall 
be  allowed  and  paid  to  each  man  recruited  as  aforesaid, 
a  bounty  of  sixteen  dollars  ;  but  the  payment  of  eight 
dollars  of  the  said  bounty  shall  be  deferred  until  he  shall 
be  mustered  and  have  joined  some  military  corps  of 
the  United  States. 

Sec.  9.  And  be  it  further  enacted ,  That  the  said  re¬ 
giments  shall  be  paid  in  such  manner,  that  the  arrears 
shall  at  no  time  exceed  two  months,  unless  the  circum¬ 
stance  of  the  case  render  it  unavoidable. 

Sec.  10.  And  be  it  further  enacted ,  That  if  any  offi¬ 
cer,  non-commissioned  officer,  musician  or  private* 
shall  be  disabled  by  wounds  or  otherwise,  while  in  the 
line  of  his  duty  in  public  service,  he  shall  be  placed  on 
the  list  of  invalids  of  the  United  States,  at  such  rate  of 
pension  and  under  such  regulations  as  are  or  may  be 
directed  by  law  :  Provided  alwayst  That  the  compen¬ 
sation  to  be  allowed  for  such  wounds  or  disabilities,  to 
a  commissionend  officer,  shall  not  exceed  for  the  high¬ 
est  rate  of  disability  half  the  monthly  pay  of  such  offi¬ 
cer  at  the  time  of  his  being  disabled  or  wounded  ;  and 
that  no  officer  shall  receive  more  than  half  pay  of  a 


10 


lieutenant  colonel  :  and  that  the  rate  of  compensation 
to  non-commissioned  officers,  musicians  and  privates, 
shall  not  exceed  five  dollars  per  month.  And  fir o vi¬ 
de  d  also ,  That  all  inferior  disabilities  shall  entitle  the 
person  so  disabled  to  receive  an  allowance  proportion¬ 
ate  to  the  highest  disability. 

Sec  11.  And  be  it  further  enacted>  That  if  any  com¬ 
missioned  officer  shall,  while  in  the  service  of  the  Uni¬ 
ted  States,  die,  by  reason  of  any  wound  received  in  ac¬ 
tual  service  of  the  United  States,  and  leave  a  widow,  a 
child  or  children,  under  sixteen  years  of  age,  such  wi¬ 
dow,  or  if  no  widow,  such  child  or  children,  shall  be  en¬ 
titled  to  and  receive  half  the  monthly  pay  to  which  the 
deceased  was  entitled  at  the  time  of  his  death,  for 
and  during  the  term  of  five  years ;  but  in  the  case  of  the 
death  or  intermarriage  of  such  widow,  before  the  ex- ' 
piration  of  the  said  term  of  five  years,  the  haif  pay  for 
the  remainder  of  the  time  shall  go  to  the  child  or  chil¬ 
dren  of  such  deceased  officer,  Provided  always ,  That 
such  half  pay  shall  cease  on  the  decease  of  such  child 
or  children. 

Sec.  12.  And  be  it  further  enacted ,  That  if  any  non¬ 
commissioned  officer,  musician  or  private,  shall  de¬ 
sert  from  the  service  of  the  United  States,  he  shall 
in  addition  to  the  penalties  mentioned  in  the  rules 
and  articles  of  war,  be  liable  to  serve  for  and  during 
such  period  as  shall,  with  the  time  he  may  have 
served  previous  to  his  desertion,  amount  to  the  full 
term  of  his  enlistment ;  and  such  soldier  shall  and 
may  be  tried  by  a  court  martial  and  punished,  al¬ 
though  the  term  of  his  enlistment  may  have  elapsed 
previous  to  his  being  apprehended  or  tried. 

Sec.  13.  And  be  it  further  enacted ,  That  every  offi¬ 
cer,  non-commissioned  officer,  musician  and  private, 
shall  take  and  subscribe  the  following  oath  or  affirm¬ 
ation,  to  wit  :  “  I,  A.  B.  do  solemnly  swear  or  affirm 
(as  the  case  may  be)  that  I  will  bear  true  faith  and 
allegiance  to  the  United  States  of  America  ;  and  that 
I  will  serve  them  honestly  and  faithfully  against 
their  enemies  or  opposers  whomsoever  ;  and  that  I 
will  observe  and  obey  the  orders  of  the  President  of 
the  United  States,  and  the  orders  of  the  officers  ap¬ 
pointed  over  me,  according  to  the  rules  and  article* 
of  war.” 

Sec.  14.  And  be  it  further  enacted ,  That  where 
any  commissioned  officer  shall  be  obliged  to  incur  any 
extra  expense,  in  travelling  and  sitting  on  general 
courts  martial,  he  shall  be  allowed  a  reasonable 


11 


compensation  for  such  extra  expense  actually  incur¬ 
red,  not  exceeding  one  dollar  and  twenty-five  cents 
per  day  to  officers  who  are  not  entitled  to  forage,  and 
not  exceeding  one  dollar  per  day  to  such  as  shall  be 
entitled  to  forage. 

Sec.  15.  And  be  it  further  enacted .  That  whenever 
any  officer  or  soldier  shall  be  discharged  from  the 
service,  except  by  way  of  punishment  for  any  offence, 
he  shall  be  allowed  his  pay  and  rations,  or  an  equiv¬ 
alent  in  money,  for  such  term  of  time  as  shall  be  suf¬ 
ficient  for  him  to  travel  from  the  place  of  discharge 
to  the  place  of  his  residence,  computing  at  the  rate  of 
twenty  miles  to  a  day. 

Sec.  16.  And  be  it  further  enacted ,  That  there 
shall  be  appointed  to  each  brigade  one  chaplain,  who 
shall  be  entitled  to  the  same  pay  and  emoluments  as 
a  major  in  the  infantry. 

Sec.  17.  And  be  it  further  enacted ,  That  no  field  or 
staff  officer,  who  may  be  appointed  by  virtue  of  this 
act,  shall  be  entitled  to  receive  any  pay  or  emolu¬ 
ments  until  he  shall  be  called  into  actual  service,  nor 
for  any  longer  time  than  he  shall  continue  therein. 

Sec.  13.  And  be  it  further  enacted,  That  the  act, 
entitled  “  An  Act  authorizing  the  President  of  the 
United  States  to  accept  and  organize  certain  volun¬ 
teer  military  corps,”  and  the  act  supplementary  to 
the  act  entitled,  “  An  Act  authorizing  the  President 
of  the  United  States  to  accept  and  organize  certain 
volunteer  military  corps,”  be,  and  the  same  are  here¬ 
by  repealed,  from  and  after  the  first  day  of  Februa¬ 
ry  next :  Provided,  That  nothing  herein  contained 
shall  be  so  construed  as  to  deprive  the  officers  and 
men  who  may  have  entered  the  service  as  volunteers, 
under  the  said  acts,  of  any  rights,  immunities,  or 
privileges  therein  secured,  or  the  United  States  of 
the  services  of  such  volunteers,  agreeably  to  the  pro¬ 
visions  of  the  said  acts. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 
Wm.  H.  CRAWFORD, 
President  of  the  Senate,  pro  tempore. 

January  29,  1313. 

Approved,  JAMES  MADISON. 


An  ACT  making  Provision  for  an  additional  Num¬ 
ber  of  General  Officers. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America ,  in 


Congress  assembled ,  That  the  President  be,  aad  he 
is  hereby  authorized  by  and  with  the  advice  and  con¬ 
sent  of  the  senate,  to  appoint  six  major  generals,  in 
addition  to  these  already  authorized  by  law  ;  each  of 
whom  shall  be  allowed  two  aids-de-camp  to  be  taken 
from  the  officers  of  the  line,  and  six  brigadier  gener¬ 
als,  who  shall  be  allowed  a  brigade  major,  and  one 
aid-de-camp,  each  to  be  taken  also  from  the  officers 
of  the  line. 

Sec.  2.  And  be  it  further  enacted,  That  the  officers 
authorized  by  this  act  shall  receive  the  same  pay,  fo¬ 
rage,  rations,  and  other  emoluments,  as  the  officers  of 
the  same  grade  of  the  present  military  establishment. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 
Wm.  H.  CRAWFORD, 
President  of  the  Senate ,  pro  tempore . 

February  24, 1813. 

Afpoved,  JAMES  MADISON. 


An  ACT  to  raise  Ten  additional  Companies  of  Ran¬ 
gers. 

Be  it  enacted  by  the  Senate  ixnd  House  of  Repre¬ 
sentatives  of  the  United  States  of  America,  in  Con¬ 
gress  assembled ,  That  the  President  of  the  United 
States  be,  and  he  is  hereby  authorized,  to  raise  ten 
additional  companies  of  rangers,  on  the  same  provi¬ 
sions,  conditions  and  restrictions  as  those  authorized 
to  be  raised  by  “  An  act  authorising  the  President  of 
the  United  States  to  raise  certain  companies  of  ran¬ 
gers  for  the  protection  of  the  frontiers  of  the  United 
States,”  which  said  companies  shall  be  in  lieu  of  one 
of  the  regiments  authorised  to  be  raised  by  the  act  in 
addition  to  the  act,  entitled  “  An  act  to  raise  an  ad¬ 
ditional  military  force,  and  for  other  purposes,”  pas¬ 
sed  the  twenty-ninth  day  of  January,  one  thousand 
eight  hundred  and  thirteen. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives.  , 
Wm.  H.  CRAWFORD, 
President  of  the  Senate,  pro  tempore . 
February  25,  1813. 

Approved,  JAMES  MADISON. 

An  ACT  Supplementary  to  the  Act,  entitled  “  An 
Act  to  provide  for  calling  forth  the  Militia  to  exe¬ 
cute  the  Laws,  suppress  Insurrections ,  and  repel 
Invasions,”  and  to  repeal  the  Act  now  in  force  for 


13 


those  Purposes ,  and  to  increase  the  Pay  of  Volun¬ 
teer  and  Militia  Corps. 

Sec.  1.  lie  it  enacted  by  the  Senate  and  House  of 
Pepresentatives  of  the  United  States  op'  America  in 
Congress  assembled ,  That  in  every  case  in  which  a 
court  martial  shall  have  adjudged  and  determined  a 
fine  against  any  officer,  non-commissioned  officer, 
musician,  or  private,  of  the  militia,  for  any  of  the  cau¬ 
ses  specified  in  the  act  to  which  this  act  is  a  supple¬ 
ment,  or  in  the  fourth  section  of  an  act,  entitled  “  An 
act  to  authorize  a  detachment  from  the  militia  of  the 
United  States;”  all  such  fines  so  assessed  shall  be 
certified  to  the  comptroller  of  the  treasury  of  the  Uni¬ 
ted  States,  in  the  same  manner  as  the  act  to  which 
this  is  a  supplement  directed  the  same  to  be  certified 
i  to  the  supervisor  of  the  revenue. 

Sec.  2.  And  be  it  further  e?iacted>  That  the  mar¬ 
shals  shall  pay  all  fines  which  have  been  levied  and 
collected  by  them  or  their  respective  deputies,  under 
|  the  authorities  Df  the  acts  herein  referred  to,  into  the 
treasury  of  the  United  States,  within  twro  months  af¬ 
ter  they  shall  have  received  the  same,  deducting  five 
per  centum  for  their  own  trouble  ;  and  in  case  of 
[  failure,  it  shall  be  the  duty  of  the  comptroller  of  the 
:  treasury  to  give  notice  to  the  district  attorney  of  the 
j United  States,  who  shall  proceed  against  the  said 
marshal  in  the  district  court  by  attachment  for  the 
recovery  of  the  same. 

Sec.  3.  And  be  it  further  enactedy  That  the  non-com¬ 
missioned  officers,  musicians  and  privates  of  the  vol¬ 
unteer  and  militia  corps,  who,  subsequent  to  the 
thirty- first  day  of  December,  eighteen  hundred  and 
twelve,  shall  have  been  or  may  hereafter  be  called 
out,  while  in  the  service  of  the  United  States,  shall, 
during  the  continuance  of  the  present  war  between 
the  United  Kingdom  of  Great  Britain  and  Ireland 
and  the  dependencies  thereof,  and  the  United  States 
of  America,  and  their  territories,  be  entitled  to  and 
receive  the  same  monthly  pay,  rations  and  forage, 
and  be  furnished  with  the  same  camp  equipage  as 
are  or  may  be  provided  by  law  for  the  non-commis¬ 
sioned  officers,  musicians  and  privates,  of  the  army  of 
the  United  States. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives, 
Wm.  H.  CRAWFORD, 
President  of  the  Senate ,  pro  tempore • 
Approved,  Feb.  2, 1813.  JAMES  MADISON. 

Iv 


14 


An  AC  T  for  the  better  Organization  of  the  General 
Staff'  of  the  Army  of  the  United  States. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Befiresentatives  of  the  United  States  of  America,  in 
Congress  assembled.  That  the  adjutant  general’s,  in* 
spector  general’s  and  quarter  master  general’s  depart¬ 
ments  shall  consist  of  the  following  officers,  that  is  to 
say  :  an  adjutant  and  inspector  general  with  the  rank, 
pay  and  emoluments  of  a  brigadier  general,  and  not 
exceeding  eight  adjutants  general,  sixteen  assistant 
adjutants  general,  eight  topographical  engineers,  eight 
assistant  topographical  engineers,  eight  inspectors  gen¬ 
eral,  sixteen  assistant  inspectors  general,  eight  quarter 
masters  general,  eight  deputy  quarter  masters  gene¬ 
ral,  and  thirty- two  assistant  deputy  quarter  masters 
general. 

Sec.  2.  And  be  it  further  enacted.  That  the  presi¬ 
dent  of  the  United  States  be  and  he  is  hereby  author¬ 
ized,  if  he  shall  deem  it  expedient,  to  assign  one  of  the 
brigadiers  general  to  the  principal  army  of  the  United 
States,  who  shall  in  such  case  act  as  adjutant  and  in¬ 
spector  general,  and  as  chief  of  the  staff  of  such  army  : 
and  the  quarter  master  general  attached  to  the  princi¬ 
pal  army,  shall  as  heretofore  have  the  brevet  rank  and 
the  pay  and  emoluments  of  a  brigadier  general. 

Sec.  3.  And  be  it  further  enacted.  That  all  the 
other  adjutants  general  shall  have  the  brevet  rank 
and  the  pay  and  emoluments  of  a  colonel  of  cavalry  ; 
all  the  other  inspectors  general  and  quarter  masters 
general  shall  have  the  brevet  rank  and  the  pay  and 
emoluments  of  a  colonel  of  infantry  ;  the  assistant  ad¬ 
jutants  general,  assistant  inspectors  general,  deputy 
quarter  masters  general  and  topographical  engineers 
shall  have  the  brevet  rank  and  the  pay  and  emolu¬ 
ments  of  a  major  of  cavalry  ;  and  the  assistant  topo¬ 
graphical  engineers,  and  assistant  deputy  quarter  mas¬ 
ters  general  shall  have  the  brevet  rank  and  the  pay 
and  emoluments  of  a  captain  of  infantry. 

Sec.  4.  And  be  it  further  enacted ,  That  the  assist¬ 
ant  adjutants  general,  the  assistant  inspectors  general, 
and  the  assistant  topographical  engineers  shall  be  tak¬ 
en  from  the  line.  The  adjutants  general,  inspectors 
general,  quarter  masters  general,  deputy  quarter 
masters  general,  topographical  engineers  and  as¬ 
sistant  deputy  quarter  masters  general  may  be  taken 
from  the  line  or  not  as  the  president  may  deem  expe¬ 
dient.  And  officers  taken  from  the  line  and  transfer¬ 
red  to  the  staff  shall  receive  only  the  pay  and  emolu- 


15 


mcnts  attached  to  the  rank  in  the  staff ;  but  their 
transfer  shall  be  without  prejudice  to  their  rank  and 
promotion  in  the  line  according  to  their  said  rank  and 
seniority  ;  which  promotion  shall  take  place  according 
to  usage  in  the  same  manner  as  if  they  had  not  been 
thus  transferred. 

Sec.  5.  And  be  it  further  enacted ,  That  it  shall  be 
the  duty  of  the  secretary  of  the  war  department,  and 
he  is  hereby  authorized  to  prepare  general  regulations 
better  defining  and  prescribing  the  respective  duties 
and  powers  of  the  several  officers  in  the  adjutant  gen¬ 
eral,  inspector  general,  quarter  master  general  and 
commissary  of  ordnance  departments,  of  the  topogra¬ 
phical  engineers,  of  the  aids  of  generals,  and  generally 
of  the  general  and  regimental  staff :  which  regulations 
when  approved  by  the  President  of  the  United  States 
shall  be  respected  and  obeyed  until  altered  or  revoked 
by  the  same  authority.  And  the  said  general  regula¬ 
tions  thus  prepared  and  approved,  shall  be  laid  before 
congress  at  their  next  session. 

Sec.  6.  And  be  it  further  enactedy  That  the  num¬ 
ber  of  assistant  deputy  commissaries  of  ordnance 
shall  not  exceed  sixteen,  and  that  they  shall  respect¬ 
ively  be  entitled  to  the  brevet  rank  and  to  the  pay 
and  emoluments  of  a  first  lieutenant  of  infantry. 

Sec.  7.  And  be  it  further  enactedy  That  for  the 
better  superintendence  and  management  of  the  hospi¬ 
tal  and  medical  establishments  of  the  army  of  the  Uni¬ 
ted  States,  there  shall  be  a  physician  and  surgeon 
general,  with  an  annual  salary  of  two  thousand  five 
hundred  dollars,  and  an  apothecary  general,  with  an 
annual  salary  of  eighteen  hundred  dollars  ;  whose  re¬ 
spective  duties  and  powers  shall  be  prescribed  by  the 
president  of  the  United  States. 

Sec.  8.  And  be  it  further  enactedy  That  the  forage, 
waggon,  and  barrack  masters  shall  be  appointed  as 
heretofore  ;  but  each  quarter  master  general  attach* 
ed  to  any  separate  army,  command  or  district  shall  be 
authorized,  with  the  approbation  and  under  the  direc¬ 
tion  of  the  secretary  of  the  war  department,  to  appoint 
as  many  such  officers  and  to  employ  as  many  ar¬ 
tificers,  mechanics  and  laborers,  as  the  public  service 
may  require. 

Sec.  9.  And  be  it  further  enactedy  That  the  assist¬ 
ant  deputy  quarter  masters  general  may  be  ap¬ 
pointed,  and  officers  taken  from  the  line,  and  trans¬ 
ferred  to  the  staff,  may  be  thus  transferred  by  the 
President  of  the  United  States  alone.  But  all  other 


16 


mew  appointments  authorized  by  this  act  shall  be 
made  by  the  President  of  the  United  States,  with  the 
advice  and  consent  of  the  senate  :  Provided ,  that  dur¬ 
ing  the  recess  of  the  senate  such  appointments  may 
be  made  by  the  President  alone,  in  which  case  the 
same  shall  be  laid  before  the  senate  at  their  next  ses¬ 
sion  for  their  advice  and  consent. 

Sec.  10.  And  be  it  further  enacted^  That  every  act, 
and  every  part  of  any  act  of  congress  now  in  force, 
within  the  purview  and  meaning  of  this  act,  be  and 
the  same  are  hereby  repealed. 

Sec.  11.  And  be  it  further  enacted^  That  all  letters 
and  packets  to  and  from  the  adjutant  and  inspector 
general,  adjutants  general,  inspectors  general,  quarter 
masters  general,  commissary  general  of  ordnance,  phy¬ 
sician  and  surgeon  general  and  apothecary  general, 
which  relate  to  their  official  duties,  shall  be  free  from 
postage. 

Sec.  12.  And  be  it  further  enacted ,  That  the  Presi¬ 
dent  of  the  United  States  be  and  he  is  hereby  author¬ 
ised  to  appoint  any  of  the  officers  authorised  by  an  act, 
entitled  “  An  act  making  provision  for  an  additional 
number  of  general  officers,”  passed  the  25th  day  of 
February,  one  thousand  eight  hundred  and  thirteen, 
during  the  recess  of  the  senate,  to  be  submitted  to  the 
senate  at  their  next  session  for  their  advice  and  con¬ 
sent  ;  and  that  no  officer  appointed,  or  who  may  be 
appointed,  by  virtue  of  the  aforesaid  act,  shall  be  enti¬ 
tled  to  receive  any  pay  or  emolument,  until  he  shall 
be  called  into  actual  service,  nor  for  any  longer  time 
than  he  shall  be  continued  therein. 

H.  CLAY, 

Speaker  of  the  House  of  Representatives. 

Wm.  H.  CRAWFORD, 
President  of  the  Senate ,  pro  tempore. 

March  3,  1813. 

Approved,  JAMES  MADISON. 


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TRANSPORTATION  TABLE 


TABLE  OF  THE 

Monthly  Pay  and  Suhsistance  Allowance 

Of  the  Troops  of  the  Army  of  the  United  States ,  agreeably  to  the  several  Acts  of  Congress  in  force  on  the 

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20 


TABLE 


Shewing  the  allowance  of  Forage  in  kind ,  or  Money  in 

lieu  thereof. 


RANK  OR  GRADE. 

No.  ot 
Horlf! 
allowed 

Quantity  of 
Oats  or  Corn 
per  diem. 

A 1L. av¬ 
al  ceof 
Hav 

Monty  in 
deu  of  For. 
per  month. 

Q-s.  O 

Qts.  C 

Pou  ah 

Dollars. 

Major  General, 

Brigadier  General, 

Colonel  Cavalry, 

Lieutenant  Colonel  Cavalry, 

Major  ditto, 

Captain  ditto, 

Firil  Lieutenant  ditto, 

Second  Lieutenant  ditto. 

Third  Lieutenant  ditto, 

Cornet,  *  " 

Riding  Mailer,  •  • 

Mailer  of  the  Sword,  _  * 

Colonel  of  Infantry  or  Artillery, 
Lieutenant  Colonel, 

Major,  *  * 

Adjutant  and  Infpedlor  General, 
Diftrict  Adjutant  General, 

Afliitant  ditto, 

Inlpedtor  General, 

Afliitant  ditto, 

Principal  (Quarter  Mailer  General, 
Diftridt  Quarter  Mailer  General, 
Deputy  Quarter-Mailer  General, 
Secretary  to  Commander  in  Chief, 
Aid  to  Major  General, 

Aid  to  Brigadier  General, 

Brigade  Major,  _ 

Brigade  Chaplain, 

Judge  Advocate. 

Commitlary  General  of  Ordnance, 
Afliflant  ditto. 

Deputy  Commiflary  ot  Ordnance, 
Topographical  Engineer, 

Diitridt  Pay  mailer. 

Regimental  Paymalter, 

Regimen tol  Qtiarrer-Mafter, 
Adjutant  of  Regiment, 

Hofpital  Surgeon. 

Hofpital  Surgeon’s  Mate, 

Regimental  Surgeon, 

Regimental  Surgeon's  Mate,  _ 
ProfefJor  of  Natural  and  Experimen 
tal  Philofltphy  to  Engineer  Corps, 
Profeflor  of  Mathematics, 

Profeflor  of  Engineering, 

Principal  Waggon  Mafter, 

Waggon  Mailer, 

Principal  Forage  Mafler, 

Afliftant  ditto, 

Principal  Barrack  Mailer, 

Deputy  ditto, 

Superintendent  of  Artilicers, 


7 

5 

5 

A 

4 

3 
2 
2 
2 
2 
2 
2 

4 
3 

3 

5 

4 
4 
4 

4 

5 
4 
4 
2 
2 
2 
o 

2 

2 

4 

3 

» 

4 
2 
2 
2 
2 
2 
2 
2 
2 

3 

3 

o 

a 

1 

1 

2 

1 

2 
I 
I 


84 

do 

60 

48 

48 

36 

24 

24 

24 

24 

24 

u 

36 

60 

43 

48 

48 

48 

60 

48 

48 

24 

24 

24 

24 

24 

24 

48 

36 

24 

36 

24 

24 

24 

24 

24 

24 

24 

24 

36 

36 

3<5 

12 

12 

24 

1  2 

24 

1 2 
12 


56 

40 

40 

32 

32 

24 
16 
16 
16 
1 6 
16 
16 
32 

24 

24 

40 

32 

32 

32 

32 

40 

32 

32 

16 

16 

16 

16 

16 

16 

32 

24 

16 

3 

16 

16 

16 

16 

16 

16 

16 

24 

24 

24 

8 

8 

16 

f! 

16 

o 


98 

70 

70 

.  56 
I  56 

42 

23 

28 

28 

28 

28 

28 

5*5 

42 

42 

70 

46 

56 

5<> 

iar 

5£ 

28 

28 

28 

28 

28 

28 

5^ 

42 

28 

42 

28 

28 

28 

28 

28 

28 

28 

28 

42 

42 

42 

14 

>4 

28 

r4 

28 

14 


16 


24 

24 

18 

12 

iv 

1  2 

1 2 

12 

'  2  J 

12 

ir 

!o 

16 

3o 

24 

12 

3 

12 

24 

•  2 
10 
10 
10 
10 
10 
12 
10 
6 
24 

10 

6 

6 

6 

12 

6 

10 

6 

it 

10 

10 

6 

6 

6 

6 

6 

6 

6 


-U 

V  s* 

I  *> 

•  ^ 


Note.  Provided  they  furnish  their  own  horses  and  accoutre¬ 
ments,  and  actually  keep  in  service  the  aforesaid  number  of  hor¬ 
ses,  to  entitle  them  to  the  aforegoing  allowances  for  forage,  or  an 
equivalent  in  money. 


21 


TABLE 


Shewing  the  Allowance  of  Quarters  and  Fuel . 


Quar- 

Cords  of 

ters. 

Wood  per  mo. 

Rank  or  Grade. 

„ 

a 

o 

• 

Fr.  1st 

Fr.  1st 

r—-< 

o 

4-* 

May  to 

Nov.  to 

o 

•  rH 

1  Nov. 

l  May. 

Major  General, 

Brigadier  General,  "] 

Adjutant  and  Inspector  Gen.  ! 

3 

1 

1 

6 

2 

1 

1 

4  1-2 

Principal  Qr.  Master  Gen.  j 

< 

Comm.  Gen,  of  Ordnance,  J 
District  Adjutant  General, 

* 

Inspector  General, 
Quarter-Master  General, 

Field  Officer  of  a  Regiment, 
Assistant  Commissary  Gen. 
of  Ordnance, 

Deputy  Qr.  Master  General, 

> 

1 

1 

1 

5 

and  every  officer  of  what¬ 
ever  rank,  commanding  a 

separate  post, 

Assistant  Adjutant  General,  ^ 
Assistant  Inspector  General, 
Topographical  Engineer, 
Major  of  Brigade,  or  Bri- 

gade  Inspector, 

Deputy  Paymaster  General, 
Captain  of  the  line, 

Judge  Advocate, 

Hospital  Surgeon, 

> 

1 

1  1-2 

Regimental  Surgeon, 
Chaplain, 

All  other  commissioned  offi-' 

1 

1  1-2 

cers,  for  every  two, 

To  each  mess  of  six  or  more  \ 

> 

1 

1 

1 

3 

officers,  in  addition,  ; 

22 


TABLE 

Shewing-  the  yearly  Allowance  of  Stationary . 


Rank  or  Grade* 


8  Q- 

•  ri  03 

P  Ph 

O' 


To  a  Major  General,  or 
other  officer  command¬ 
ing  a  district,  and  to  the 
Adjutant  General,  In¬ 
spector  General,  and 
Quarter-Master  Gene¬ 
ral,  as  much  stationary  as 
may  be  necessary  for  the 
discharge  of  their  public 
duties . 

To  every  other  general  of¬ 
ficer, 

To  every  officer  command¬ 
ing  a  separate  post  01 
garrison  of  not  less  than 
two,  nor  more  than  five 
companies, 

Ditto  not  more  than  ten 
companies, 

To  a  Colonel,  or  other  offi¬ 
cer  commanding  a  regi¬ 
ment,  for  the  use  of 
himself  and  Regimental 
Staff, 

To  a  Major, 

Tor  the  use  of  every  com¬ 
pany,  whether  in  garri¬ 
son  or  otherwise, 

Tor  the  use  of  every  other 
commissioned  officer, 


cc 

a  u: 

r3  C 


24 


12 


18 


18 

6 


12 


2 


a 


cn 

u 

a 

> 


200 


100 


200 


4 


100 


150  150 


150 

50 


100 

16 


2 

3 


150 

50 


100 

16 


3 

1 


2 

1-3 


Papers  of  Ink 

Powder. 


APPENDIX. 


RULES  AND  REGULATIONS. 

Rank  of  Regiments. 

1st.  The  Light  Artillery. 

2d.  The  Light  Dragoons, 

3d.  The  Foot  Artillery, 

4th.  The  Infantry, 

5th.  The  Riflemen. 

6th.  The  Volunteers  in  "1  According  to  the  numbers 
the  service  of  the  U.  I  given  to  them  respectively. 
States,  and  [  by  the  general  commanding 

7th.  The  Militia  Drafts,  J  the  district. 

This  regulation  is  confined  to  parades.  On  all  other 
occasions,  regiments  will  be  drawn  up  in  the  way  which 
shall  be_  directed  by  the  general  or  other  commanding 
officer. 

Rank  of  Officers. 

In  all  cases  in  which  command  shall  not  have  been 
specially  given,  the  eldest  officer,  whether  of  cavalry,  of 
artillery,  or  of  infantry,  will  command. 

Where  a  controversy  concerning  rank  shall  arise  from 
the  sameness  of  date  in  commission,  it  shall  be  determin¬ 
ed  by  reference  to  former  commissions  in  the  regular 
service  ;  and  if  none  such  should  have  been  held,  by  for¬ 
mer  commissions  in  the  militia. 

Brevet  rank  gives  no  precedence  nor  command,  ex- 
1  cept  on  detachments ;  nor  shall  persons  having  such 
rank  only,  be  included  in  the  roster  of  officers  for  any 
duty  other  than  that  performed  by  detachments,  and  to 
which  they  shall  be  specially  assigned. 

Officers  of  the  regular  army,  of  the  same  grade  with 
those  of  the  volunteers  and  militia,  have  precedence  of 
these,  whatever  may  be  the  dates  of  their  respective 
commissions. 

There  is  no  precedence  between  staff  departments. 
The  officers  assigned  to  these,  will  take  rank,  1st,  from 
the  brevets  they  hold ;  and  2d,  from  the  rank  they  res¬ 
pectively  have  in  the  line. 

Rules  with  regard  to  Promotion. 

1.  Original  vacancies  will  be  supplied  by  selection  ;  acci¬ 
dental  vacancies  by  seniority  ;  excepting  in  extraordi¬ 
nary  cases. 


According  to  the  numbers 
of  the  regiments  respectively. 


24 


2.  Promotions  to  the  rank  of  captain,  will  be  made  rrgi- 
mentally  ;  to  that  of  field  appointments,  by  line  ;  the 
light  artillery,  dragoons,  artillery,  infantry,  and  rifle¬ 
men,  being  kept  always  distinct. 

3.  No  officer  shall  be  entitled  to  the  pay,  rations  or  emo¬ 
luments  annexed  to  any  office,  until  he  shall  have  no¬ 
tice  of  his  appointmeut  thereto  from  the  war  depart¬ 
ment  ;  or  from  a  general  officer,  with  respect  to  ap¬ 
pointments  in  the  gift  of  generals. 

Compliments  to  be  paid  by  the  Troops. 

The  highest  military  honors  are  payable  to  the  Presi¬ 
dent  and  Vice-President  of  the  United  States,  whether  in 
uniform  or  not. 

To  the  Secretary  of  War,  to  major  generals  command¬ 
ing  districts  or  corps  of  the  army,  and  to  governors  of 
states,  when  in  uniform,  the  same  honors  will  be  paid; 
with  this  exception,  that  to  them  the  standards  of  the  ca¬ 
valry  will  not  be  dropped  in  saluting. 

Ail  other  major  generals  are  entitled  to  three  ruffles  of 
the  drum,  with  presented  arms,  and  to  the  dropping  of  all 
colours  other  than  the  standards. 

Brigadier  generals  commanding  districts  or  corps  of  the 
army,  are  entitled  to  the  honors  payable  to  major  gene¬ 
rals  not  commanding  in  chief. 

All  other  brigadiers  are  entitled  to  two  ruffles  of  the 
drum,  and  presented  arms. 

To  colonels,  the  guards  of  their  own  regiments  turn  out 
and  present  their  arms,  once  a  day  ;  after  which,  they  on¬ 
ly  turn  out  with  ordered  arms. 

To  lieutenant  colonels  and  majors,  their  own  guards 
turn  out  with  ordered  arms,  once  a  day. 

When  a  lieutenant  colonel  or  major  shall  command  a 
regiment,  their  own  quarter  guards  pay  them  the  compli¬ 
ments  due  to  a  colonel. 

When  a  general  or  other  officer,  entitled  to  a  salute, 
shall  pass  in  the  rear  of  a  guard,  it  will  not  face  about, 
but  stand  with  shouldered  arms. 

When  a  general  or  other  officer,  entitled  to  a  salute, 
shall  pass  guards  while  in  the  act  ot  relieving,  both 
guards  will  salute,  taking  the  word  of  command  from  the 
senior  officer  of  the  two. 

Military  compliments  are  to  be  paid  to  officers  of  the 
navy,  when  in  uniform,  agreeably  to  their  rank,  as  fol¬ 
lows,  viz. 

Commodores  with  broad  pendants,  have  the  same  com¬ 
pliments  as  brigadier-generals  ;  and  all  other  post  cap¬ 
tains  those  due  to  colonels. 


"25 


All  guards  are  to  be  under  arms  when  an  armed  party 
approaches  their  posts  ;  and  to  parties  commanded  by  a 
commissioned  officer,  they  will  present  arms  and  beat  a 
march,  and  the  officers  will  salute. 

The  colours  of  a  regiment  passing  any  guard, will  be  sa¬ 
luted,  the  drums  of  the  regiment  saluting  in  turn. 

When  two  regiments  meet  on  a  march,  the  regiment  of 
inferior  rank  will  halt,  form,  and  salute  the  other,  which 
proceeds  on  its  march,  with  swords  drawn,  bayonets  fix¬ 
ed,  trumpets  sounding,  drums  beating,  and  colours  flying, 
until  it  shall  have  cleared  the  front  of  the  latter  regiment. 

All  regiments  marching  with  standards  or  colours,  have 
claim  to  the  compliments  of  any  regiment  they  may  meet 
I  on  their  march,not  having  standards  or  colours,  without 
regard  to  the  rank  of  the  particular  corps. 

Salutes. 

The  national  salute  shall  be  conformable  to  the  num¬ 
ber  of  states  composing  the  Union. 

A  national  salute  shall  be  fired  on  a  visit  to  the  post 
from  the  President  of  the  United  States. 

Fifteen  guns  shall  be  fired  on  a  visit  from  the  Vice-Pre¬ 
sident,  the  Secretary  of  War,  Secretary  of  the  Navy,  a 
Major  General  of  the  Army  ;  and  thirteen  guns  on  that 
of  a  Brigadier  General,  when  commanding  a  district.  No 
other  persons  shall  be  entitled  to  salutes,  and  no  salutes 
will  be  fired  to  any  person  but  on  his  arrival. 

No  salutes  shall  be  fired  to  foreign  ships  or  vessels  of 
war,  but  in  return,  and  in  every  case  their  salute  shall  be 
returned  gun  for  gun,  notice  being  given. 

No  salutes  shall  be  fired  to  public  armed  vessels  of  the 
1  United  States,  under  the  rate  of  a  frigate,  and  to  these 
only  in  return,  gun  for  gun,  notice  being  given. 

At  1  o’clock,  on  the  fourth  day  of  July  of  each  year,  a 
national  salute  will  be  fired  from  all  the  military  posts 
and  forts  in  the  United  States. 

Salutes  shall  not  be  fired  from  guns  of  higher  caliber 
than  twelve  pouuders. 

DUTIES  OF  ADJUTANTS  GENERAL. 

These  will  be  divided  under  the  following  heads,  viz. 

Distribution  of  orders  ; 

Details  of  service  ; 

Instruction  of  the  troops  in  the  manual  exercise,  and 
the  evolutions  and  arrangement  of  them  when  brought 
into  action  ;  and 

Direction  of  the  military  correspondence. 

L 


26 


1.  Distribution  of  Orders. 

The  general  orders  of  the  day  having  been  received 
from  the  commanding  general,  the  adjutant  general  or 
his  assistant  will  carry  them  to  the  office  of  distribution, 
where  they  will  be  recorded  in  a  book  kept  for  that  pur¬ 
pose,  whence,  at  an  hour  which  shall  have  been  pre¬ 
viously  assigned,  they  will  be  transcribed  by  the  aids- 
de-camp  of  general  officers,  by  majors  of  brigade,  by  the 
adjutants  of  all  separate  corps  less  than  brigades,  by  a 
deputy  or  assistant  deputy  quarter  master  general,  by 
an  hospital  surgeon,  or  an  hospital  surgeon’s  mate,  de¬ 
tailed  for  that  duty  by  the  senior  surgeon,  and  some  com¬ 
missioned  officer  from  each  corps  of  engineers  ;  and 
when  so  transcribed,  they  will  be  carried  without  delay 
to  the  corps  to  which  these  officers  respectively  belong, 
and  be  there  promulgated,  under  the  orders  of  the  offi¬ 
cers  commanding  the  corps,  and  become  to  them  a  rule 
of  conduct. 

2.  Details  of  Service. 

These  shall  be  made  agreeably  to  prescribed  rules  and 
the  usage  of  war. 

All  corps  will  furnish  according  to  their  strength  ; 
the  longest  off  duty,  the  first  on  duty.  When  it  may  be 
found  practicable,  the  troops  are  to  act  by  companies, 
battalions,  or  regiments. 

Return-detachments  will  not  be  excused  from  duty 
more  than  two  days. 

Seniority  of  corps  with  respect  to  troops,  and  priority 
of  rank  with  respect  to  officers,  will  entitle  to  prece¬ 
dence  for  command ;  subject  to  deviations  under  the 
orders  of  the  commanding  general. 

In  details,  the  following  gradation  will  govern  : 

1.  Reconnoitering  parties  and  corps  of  observation. 

2.  Foraging  before  the  enemy. 

3.  Detachments  and  outposts. 

4.  Guards  of  trenches. 

5.  Van  guards  in  approaching  an  enemy. 

6.  Rear  guards  in  retiring  from  an  enemy. 

7.  General  courts  martial. 

8  Guard  of  the  general  commanding  in  chief. 

9.  Camp  or  garrison  guards. 

10.  Other  guards  mounted  from  the  grand  parade. 

11.  Guards  of  general  officers  and  the  staff  according 
to  rank. 

12.  Pickets. 

13.  General  fatigues. 

14.  Police. 

In  the  rotine  of  duty  the  law  of  detail  will  always 


27 


give  it  to  the  officer  longest  off  duty,  and  when  two  have 
been  credited  with  the  same  grade  of  service,  on  the 
same  day,  reference  to  the  former  tour  on  the  roster  will 
determine  the  detail. 

Should  a  tour  of  service  of  higher  grade  occur  to  an 
officer,  while  on  any  subordinate  duty,,  he  shall  be  re¬ 
lieved,  and  the  tour  on  which  he  is,  be  passed  to  his 
credit. 

If  an  officer’s  tour  for  general  court  martial,  picket  or 
fatigue,  occur  while  he  is  on  any  other  duty  from  the 
grand  parade,  he  shall  not  be  relieved,  but  stand  for  the 
next  tour. 

3.  Instruction  of  the  Troops. 

This  shall  be  governed  by  circumstances,  as  to  time, 
place,  and  frequency  ;  of  which  the  commanding  gener¬ 
al  will  judge.  The  mode  of  infantry  discipline,  adopted 
by  regulation  of  the  war  department,  will  be  observed. 

4.  Military  Correspondence. 

Reports  of  services  performed,  and  demands  for  courts 
of  inquiry,  or  courts  martial,  shall  be  made  to  the  adju¬ 
tant  general.  All  returns  intended  to  exhibit  the 
strength  of  corps,  made  agreeably  to  the  '9th  article  of 
war,  and  accounting  for  the  absent  non-commissioned 
officers,  musicians  and  privates ;  reports  of  the  hospi¬ 
tal  and  of  the  quarter  master’s  departments,  and  of  ord¬ 
nance  and  ordnance  stores  attached  to  the  army,  shall 
also  be  addressed  to  the  adjutant  general  ;  out  of  which 
he  shall  form  a  geueral  return,  to  be  transmitted  month¬ 
ly,  for  the  information  of  the  war  department :  and  those 
transmitted  for  the  months  of  June  and  December,  shall 
be  accompanied  with  lists  of  the  officers  serving  in  any 
garrison  or  corps  of  the  district  or  army  so  returned, 
specifying  their  names,  rank  and  places  of  station.  Re¬ 
turns  of  ordnance  and  ordnance  stores,  shall  be  made 
agreeably  to  forms  prescribed  by  the  commissary  gen¬ 
eral  of  ordnance.  Departures  from  these  forms  and  in¬ 
attention  to  the  injunctions  above,  will  be  regarded  and 
punished  as  acts  of  positive  disobedience. 

DUTIES  OF  INSPECTORS  GENERAL. 

These  will  be  divided  under  the  following  heads,  viz. 

Mustering  and  inspecting  troops  of  the  line,  and  mi¬ 
litia  detachments  serving  with  them  ; 

Selecting  places  of  encampment,  and  posting  guards  ; 

Superintending  the  police  of  the  camp  and  of  the 
!  march ; 


28 


Inspecting  parades ;  and 

Making  half-yearly  confidential  reports  to  the  war 
department,  of  the  state  of  the  army,  division  or  de¬ 
tachment  to  which  they  belong. 

1.  Mustering  and  Inspecting  the  Troops  of  the 
Line  and  Militia  Detachments. 

Troops  of  all  descriptions  shall  be  m’ustered  once 
in  two  months,  for  payment  ;  nor  shall  any  pay¬ 
ment  be  made  but  upon  muster  rolls  signed  by  an  in¬ 
spector  general,  or  his  assistant,  or,  in  the  absence 
of  these,  by  some  officer  of  the  army  of  the  United 
States,  specially  assigned  to  this  duty  by  the  general 
commanding  the  district  in  which  the  said  troops  so 
mustered  shall  be  found.  Three  copies  of  these  rolls 
shall  in  all  cases  be  made  ;  one  of  them  to  be  depos¬ 
ited  with  the  paymaster  of  the  district,  and  two  of 
them  to  be  sent  to  the  war  department,  the  one  for  the 
use  of  the  accountant  of  the  said  department,  and  the 
other  for  the  paymaster  of  the  army. 

Semi-annual  musters  of  the  whole  army,  whether  regu¬ 
lar  or  militia,  shall  be  made  on  or  before  the  1st  day  of  Jan. 
and  1st  day  of  July,  in  each  year;  and  rolls  thereof  in  al¬ 
phabetical  order,  forwarded  to  the  war  department,  as 
promptly  thereafter  as  possible. 

Inspections  of  the  troops  are  of  two  kinds,  stated 
and  occasional.  The  former  shall  take  place  month¬ 
ly,  and  (as  often  as  may  be  practicable)  on  the  last 
day  of  each  month  :  the  latter  as  often  as  the  general 
commanding  the  district,  the  chief  of  the  staff,  or 
the  inspector  general,  may  think  proper.  The  general 
object  of  both  shall  be  to  ascertain  the  exact  state  of 
the  arms,  equipments,  and  clothing,  and  of  every  oth¬ 
er  circumstance  tending  to  show  the  actual  condition  of 
the  troops  so  inspected. 

Dragoon,  artillery,  and  all  other  horses  belonging 
to  the  public,  will  also  be  subjects  of  inspection,  quar¬ 
terly  ;  those  unfit  for  service  will  be  branded  in  the  pres¬ 
ence  of  the  inspecting  officer,  with  the  letter  C.  and 
immediately  transferred  to  the  quarter  master  general’s 
department,  for  public  sale  ;  nor  shall  any  horse  so 
branded,  be  thereafter  accepted  by  any  inspecting  offi¬ 
cer.  Returns  of  cast  horses  will  be  made  quarterly. 

A  return  of  every  inspection  shall  be  made  and  de¬ 
posited  in  the  office  of  ,the  inspector  general,  for  the 
information  of  the  general  commanding  the  district  ; 
and  half-yearly  returns  of  inspection  shall  be  made  to 
the  war  department. 


29 


t\  Superintending  the  Police  of  the  Camp  and  of  the 

march. 

It  will  be  the  duty  of  this  department  to  designate  all 
guards  for  the  security  and  good  order  of  the  camp  ;  to 
take  charge  of  all  prisoners  made  by  these  or  other¬ 
wise  ;  to  examine  and  report  the  several  cases  to 
the  commanding  general,  and  to  take  his  orders  in 
relation  to  their  future  disposal  ;  to  inspect  the  state 
of  tents,  barracks,  and  hospitals  ;  to  punish  any  want 
of  care  or  cleanliness  therein  ;  to  regulate  all  suttlers 
and  markets,  within  any  camp,  cantonment,  or  garri¬ 
son  ;  and  to  inspect  and  enforce  the  order  of  march, 
and  to  punish  all  infractions  of  it. 

3.  Inspecting  Parades. 

The  troops  detailed  from  each  regiment  for  the  ser¬ 
vice  of  the  day,  will  be  brought  to  the  parade  ground 
of  the  brigade,  under  the  command  of  the  senior  officer 
present,  and  on  duty  ;  these  detachments  will  there  be 
embodied  and  marched  to  the  ground  of  division  parade, 
accompanied  by  the  adjutant  of  the  day,  under  command 
of  the  senior  officer  ;  the  whole  will  then  be  marched 
as  aforesaid,  to  the  ground  of  general  parade,  accompa¬ 
nied  by  a  major  of  brigade,  detailed  for  that  service  by 
division  orders  ;  where  they  will  be  received  by  an  in¬ 
spector  or  assistant  inspector  general,  reviewed,  and 
detached  for  the  service  of  the  day. 

4.  Selecting  places  for  Encampment ,  and  posting 

Guards. 

This  duty  shall  be  performed  under  the  directions  of 
the  commanding  general ;  and  the  inspector  in  perform¬ 
ing  it,  shall  call  to  his  aid  an  officer  from  each  corps  of 
engineers. 

5.  Making  half-yearly  confidential  Reports  to  the 

War  Department . 

These  reports  will  relate  to  the  conduct  of  corps  and 
to  that  of  individuals  composing  them.  They  shall  be 
submitted  to  the  general  commanding  the  army,  and  shall 
receive  from  him  his  remarks  in  writing,  before  they  are 
transmitted  to  the  war  department.  They  shall  specify, 

1st.  The  progress  made  by  each  corps  or  regiment,  in 
military  discipline  in  general,  and  particularly  in  a 
knowledge  of  the  evolutions  prescribed  for  the  prac¬ 
tice  of  the  troops  ;  in  habits  of  obedience  and  of  at¬ 
tention  to  personal  appearance,  and  to  the  rules  of 
interior  economy. 

2d.  Whether  the  field  and  company  officers  respect¬ 
ively  know  their  duty,  and  are  able  and  willing  to 

L  2 


perform  it.  Whether  the  subalterns  are  several^ 
sober,  active,  and  industrious,  careful  to  acquire 
knowledge,  and  communicate  it  to  the  non-commis¬ 
sioned  officers  and  privates.  Whether  the  adjutant, 
quarter  master  and  pay  master  are  competent  to 
the  duties  assigned  to  them.  Whether  the  regi¬ 
mental  books  are  kept  with  accuracy  and  regu¬ 
larity,  and  whether  the  non-commissioned  officers 
perform  their  duty  with  promptitude  and  effect. 

3d.  Whether  the  meat  and  bread  furnished  by  con¬ 
tract,  are  of  good  quality,  and  whether  these  and 
other  articles,  composing  the  ration,  are  regularly 
issued. 

4th.  Whether  the  forage  be  good,  and  of  sufficient 
quantity. 

5th.  Whether  the  hospital  supplies  and  regulations  be 
sufficient,  and  regularly  dispensed  in  the  one  case, 
and  observed  in  the  other. 

6th.  Whether  there  has  been  any  irregularity  in  the 
proceedings  of  courts  martial,  or  in  the  execution  of 
sentences  pronounced  by  them — and 

7th.  Whether  the  quantity  of  ammunition  in  store  is 
sufficient,  and  well  secured,  and  whether  the  arms 
and  equipments  are  in  proper  order. 

On  each  of  these  heads  there  will  be  a  special  report, 
and  in  what  may  be  said  on  the  2d,  ail  possible  frank¬ 
ness  is  expected.  One  motive  the  more  to  this  will  be 
found  in  the  solemn  declaration  of  the  government,  that 
while  it  shall  be  its  invariable  practice  to  distinguish  and 
to  reward  merit  of  every  description  and  in  every  grade, 
all  pretensions  not  having  that  foundation,  however  prop¬ 
ped  and  patronised  by  names,  wili  be  utterly  disre¬ 
garded. 

QUARTER  MASTER  GENERAL’S  DEPART¬ 
MENT. 

It  shall  be  the  duty  of  this  department  to  provide — 

1.  For  the  quartering  and  transporting  of  troops. 

2.  For  transporting  all  military  stores,  camp  equipage, 
and  artillery. 

3.  For  opening  and  repairing  roads,  aud  constructing 
and  repairing  bridges,  which  may  be  necessary  to  the 
movement  of  the  army,  or  of  any  detachment  thereof. 

4.  It  shall  be  the  further  duty  of  this  department  to  re¬ 
ceive  from  the  departments  of  purchase  and  of  ordnance, 
all  clothing,  camp  equipage,  arms,  ammunition  and  ord¬ 
nance  ;  to’transport  the  same  to  the  pD.ce  of  destination 


i 


31 

and  there  to  make  distribution  thereof,  agreeably  to  the 
direction  given  to  the  articles  by  the  commissary  general 
of  purchases,  and  to  the  orders  of  the  general  command¬ 
ing  the  district  to  which  they  are  destined. 

Quarter  masters  in  the  intermediate  districts,  between 
the  places  of  receipt  and  delivery,  will  be  held  responsi¬ 
ble  for  the  safe  transportation  of  all  articles  through  their 
respective  districts. 

Articles  for  conveyance  by  this  department,  shall  be 
transported  in  bulk  as  much  as  possible  ;  and  with  each 
quantity  of  stores  conveyed,  the  quarter  master  at  the 
post  from  which  it  is  sent,  shall  furnish  a  conductor,  who 
shall  have  charge  of  it,  and  for  whose  conduct,  in  the 
safe  keeping  and  delivery  thereof,  the  quarter  master 
shall  be  responsible. 

5.  It  shall  be  the  duty  of  the  department  to  provide 
all  forage  and  fuel  for  the  use  of  the  troops,  and  have 
the  same  transported  and  issued  agreeably  to  the  regula¬ 
tions  which  follow  : 

6.  To  provide  good  and  sufficient  storehouses  for  pro¬ 
visions  deposited  under  contract  between  individuals  and 
the  government,  and  to  appoint  storekeepers,  (for  the  cus¬ 
tody  of  the  said  provisions  or  other  articles,  the  proper¬ 
ty  of  the  public.,  which  may  be  placed  there)  who  shall 
give  security  for  their  safe  keeping  and  delivery,  under 
the  orders  of  the  commanding  general  of  the  district, 
or  of  the  quarter  master  general  ;  and  to  find  means  of 
transporting  the  same  when  so  required  by  the  engage¬ 
ments  of  the  government. 

7.  To  make  returns  half-yearly,  to  the  secretary  of 
war,  of  all  horses  and  draft  oxen,  or  horses  and  nxen  on 
hire,  in  public  service,  showing  their  number,  employ¬ 
ment  and  condition  ;  and  a  similar  return  of  all  other 
articles,  the  property  of  the  public,  of  which  the  depart¬ 
ment  may  be  possessed. 

8.  To  make  and  transmit  to  the  secretary  of  war, 
monthly  summary  statements  of  the  accounts  of  the  de¬ 
partment,  and  quarterly  accounts  thereof,  agreeably  to 
the  forms  which  shall  be  prescribed  by  the  treasury  de¬ 
partment. 

9.  All  money  drawn  for  the  use  of  the  department, with¬ 
in  any  military  district,  shall  be  drawn  and  accounted  for 
by  the  senior  officer  of  the  department  within  such  dis¬ 
trict. 

No  purchases,  on  public  account,  will  be  made  by  the 
quarter  master’s  department,  but  of  the  following  arti¬ 
cles  : 

1st.  Of  forage. 


2d.  Of  fuel. 

3d.  Straw  for  soldier’s  bedding. 

4th.  Articles  of  stationary  for  regimental  and  garrison 
service. 

5th.  Dragoon  and  artillery  horses,  and  horses,  oxen, 
waggons  and  carts  for  the  transportation  of  baggage  ; 
boats  for  the  same  ;  and 

6th.  Boards,  planks,  nails,  and  other  materials,  for  con¬ 
structing  and  repairing  barracks,  hospitals,  and  bridges. 

In  all  cases  in  which  gun  carriages  and  artillery  wag¬ 
gons  may  want  repair  in  the  field,  the  senior  officer  of 
artillery  is  to  see  the  necessary  repairs  done,  and  for  the 
expense  of  these,  will  make  his  draft  on  the  quarter  mas¬ 
ter  general’s  department. 

When  any  building,  occupied  by  troops  as  a  barrack, 
shall  have  been  left  by  them  in  a  filthy  state,  or  shall 
have  suffered  injury  by  them,  the  quarter  master  of  the 
post  or  of  the  party  succeeding  to  them,  shall,  in  the  one 
case  have  the  quarters  cleansed,  and  in  the  other  repair¬ 
ed  ;  and  the  expense  of  so  doing,  shall  be  deducted  from 
the  pay  of  the  officers  commanding  the  party  which  im¬ 
mediately  preceded  in  the  occupation  of  the  buildings  so 
cleansed  and  repaired. 


REGULATIONS 

Which  shall  govern  the  allowance  of  quarters ,  of  forage,  of 
fuel,  of  straw  for  bedding,  of  stationary,  and  of  the  trans¬ 
portation  of  the  baggage  of  officers,  when  ordered  on  distant 
commands. 

1.  Of  Quarters. 

To  a  major  general,  three  rooms  and  a  kitchen. 

To  a  brigadier  general,  the  adjutant  and  inspector- 
general,  principal  quarter  master  general,  and  commis¬ 
sary  general  of  ordnance,  each  two  rooms  and  a  kitchen. 

To  each  adjutant  general,  inspector  general,  quarter 
master  general,  and  field  officer  of  a  regiment,  to  the  as¬ 
sistant  commissary  general  of  ordnance,  and  to  each 
deputy  quarter  master  general,  one  room  and  a  kitchen. 

To  each  assistant  adjutant  general,  assistant  inspect¬ 
or  general,  topographical  engineer,  major  of  brigade,  or 
brigade  inspector,  deputy  paymaster  general,  captain  of 
the  line,  judge  advocate,  hospital  surgeon,  regimental 
surgeon,  and  chaplain,  one  room. 

For  all  other  commissioned  officers,  one  room  to  every 
two  officers;  and  to  each  mess  of  six  or  more  officers, 
one  kitchen. 

To  twelve  non-commissioned  officers,  musicians  or 
privates,  one  room,  or  (in  the  summer)  a  kitchen. 

The  eldest  officer  to  have  the  choice  of  quarters. 


33 


2.  Of  fuel. 

The  allowance  of  fuel,  from  the  last  day  of  April  to 
the  first  day  of  November  of  each  year,  shall  be  at  the 
rate  of  one  cord  of  wood  per  month  for  each  kitchen  (or 
room  occupied  for  cooking.) 

At  all  posts,  garrisons  or  cantonments  within  the  states 
of  New-Hampshire,  Massachusetts,  Rhode-Island,  Ver¬ 
mont,  Connecticut,  New-York,  New-Jersey,  Pennsylva¬ 
nia,  Delaware,  Maryland  and  Ohio,  one  cord  and  a  half 
of  a  cord  of  wood  per  month,  from  the  last  day  of  Octo¬ 
ber  to  the  first  day  of  May  of  each  year,  for  each  room 
and  kitchen  occupied  agreeably  to  the  preceding  regula¬ 
tions  ;  and  at  all  other  posts,  garrisons  or  cantonments, 
during  the  same  period,  one  cord  of  wood  per  month  for 
each  kitchen,  or  other  room  occupied  as  aforesaid. 

Each  commanding  or  senior  officer  at  any  separate 
post,  whatever  may  be  his  rank,  will  be  entitled  to  fuel 
for  one  kitchen. 

The  allowance  of  wood  for  the  quarters  of  the  sick, 
will  be  regulated  by  the  commanding  officer  and  surgeon. 

No  compensation  in  money  to  be  made  in  lieu  of  allow¬ 
ances  of  fuel  or  of  quarters  :  and  no  fuel  to  be  drawn 
but  within  the  month  for  which  it  is  due. 

No  fuel  furnished  for  the  use  of  a  garrison,  post,  camp, 
or  cantonment,  shall  be  removed  therefrom,  but  by  the 
quarter  master  attached  thereto  ;  and  any  overplus  of 
fuel  beyond  what  has  been  used,  or  may  be  necessary 
for  use,  at  such  post,  shall  revert  to  the  United  States. 

Coal  may  be  used,  in  proportion  to  the  cost  of  wood,  in 
lieu  thereof. 

3.  Of  Forage. 

To  ail  horses  in  actual  service,  there  shall  be  allow¬ 
ed  fourteen  pounds  of  hay  and  twelve  quarts  of  oats, 
or  in  lieu  of  oats,  eight  quarts  of  corn,  per  diem. 

Officers  will  be  allowed  to  draw  forage  in  kind,  when 
on  actual  service  in  the  field,  where  their  duties  require 
them  to  be  mounted,  for  the  number  of  horses  they  ac¬ 
tually  keep  in  service,  not  exceeding  the  following  rates  : 

Major  generals,  seven  ; 

Brigadier  generals,  five  ; 

Colonels  of  artillery  and  infantry,  four  ; 

Lieutenant  colonels  and  majors,  three  ;  and 

All  other  officers  entitled  bv  law  to  receive  money  in 
lieu  of  forage,  when  the  same  shall  not  be  drawn  in 
kind,  two  each. 

4.  Of  Straw. 

One  truss  of  straw,  weighing  36  pounds,  is  allowed  for 
every  two  men. 

At  the  expiration  of  16  days,  each  truss  is  to  be  refresh- 


34 


cil  with  eight  pounds.  At  the  expiration  of  32  days,  the 
whole  straw  is  to  be  removed,  and  a  fresh  bedding  of 
one  truss  to  be  furnished  ;  and  so  on  every  succeeding 
period  of  16  and  32  days. 

The  same  quantity  of  straw  is  allowed  for  servants,  or 
batmen  not  soldiers,  or  for  washerwomen,  in  the  pro¬ 
portion  of  one  woman  to  every  seventeen  men. 

The  straw  is  to  be  changed  for  the  sick  in  hospital  as 
often  as  may  be  deemed  necessary  by  the  surgeon,  or  (in 
his  absence)  by  the  mate. 

Requisitions  for  fuel  or  straw  must  state  the  number 
and  rank  of  the  officers,  the  number  of  non-commissioned 
officers  and  privates,  servants,  batmen  and.  washerwo¬ 
men,  for  whom  it  may  be  demanded,  and  certified  by 
the  commandant  of  the  regiment,  garrison,  or  recruiting 
rendezvous. 

Nd  fuel  or  straw  shall  be  drawn  for  officers,  or  for 
soldiers,  whilst  on  furlough-  nor  any  allowance  made  to 
them  for  the  same. 

5.  Of  Transfiortat.ion. 

To  each  company  or  detachment  of  100  men,  shall  be 
allowed  1  four-horse  waggon  and  team,  or  2  two- horse 
waggons  and  teams,  for  the  conveyance  of  baggage  and 
camp  equipage,  consisting  of  one  common  tent,  one  iron 
kettle,  and  two  tin  pans,  for  every  six  men. 

When  officers  are  ordered  on  distant  commands,  the 
following  rates  are  to  govern  in  the  allowance  made  to 
them  for  the  transportation  of  their  baggage,  at  two 
dollars  pe1’  100  pounds  per  100  miles. 

To  a  Major  general,  -  -  1,250  lbs. 


Brigadier  general. 

1,000 

Colonel,  - 

750 

Lieut  colonel, 

600 

Major, 

500 

Hospital  surgeon, 

750 

Captain,  -  -  - 

400 

Surgeon,  -  -  - 

400 

Subaltern,  - 

300 

Surgeon’s  mate, 

300 

Cadet,  - 

200 

The  most  direct  post  route  will  determine  the  dis¬ 
tance,  for  the  amount  of  transportation,  whether  per¬ 
formed  by  land  or  water. 

To  every  officer  ordered  on  general  courts  martial, 
temporary  commands,  or  on  other  duties,  on  the  sea¬ 
board,  or  in  the  Atlantic  states,  there  will  be  allowed, 
if  he  so  elect,  in  lieu  of  the  transportation  of  his  bag¬ 
gage,  his  stage  hire  ;  no  delay  being  admitted  on  the 


35 


road.  Receipts  from  the  stage  offices,  or  certificates  on 
honor,  of  the  performance  of  the  duty,  will  be  required. 

No  allowance  for  transportation  of  baggage  to  officers 
fulfilling  the  first  order  after  appointment. 

6.  Of  Stationary. 

To  a  major  general,  or  ether  officer  commanding  a 
district,  so  much  stationary  as  may  be  necessary  for  the 
discharge  of  his  public  duties. 

To  every  other  general  officer,  24  quires  of  paper  per 
annum. 

To  every  officer  commanding  a  separate  post  or 
garrison  of  not  less  than  two  nor  more  than  five  com¬ 
panies,  12  quires  per  annum,  and  one  blank  book  of  3  qrs. 

To  every  officer  commanding  a  separate  post  or 
garrison  of  not  more  than  ten  companies,  18  quires  per 
annum,  and  one  blank  book  of  3  quires. 

To  a  colonel  or  other  officer  commanding  a  regiment, 
for  the  use  of  himself  and  regimental  staff,  18  quires 
per  annum,  and  a  blank  book  of  3  quires. 

To  a  major,  6  quires  of  paper  and  one  blank  book 
per  annum. 

For  the  use  of  every  company,  whether  in  garrison 
or  otherwise,  12  quires  per  annum,  and  a  blank  book  of 
2  quires. 

For  the  use  of  every  other  commissioned  officer  in 
the  army  of  the  United  States,  2  quires  per  annum. 

For  the  use  of  every  officer  and  garrison,  a  proportion 
of  other  stationary  at  the  rate  of  fifty  quills,  as  many 
wafers,  and  a  paper  of  ink  powder  to  each  six  quires. 

Annual  Estimates. 

It  shall  be  the  duty  of  this  department,  to  make  out 
and  transmit  to  the  war  department,  on  or  before  the 
.first  day  of  December  in  each  year,  annual  estimates  of 
the  forage,  fuel,  straw  for  bedding,  articles  of  stationa¬ 
ry,  dragoon  and  artillery  horses,  oxen,  waggons  and 
carts  for  transportation  of  baggage,  8cc.  and  of  all  other 
articles  the  furnishing  of  which  appertains  to  the  said 
department. 

ORDNANCE  DEPARTMENT. 

1.  Of  Laboratories. 

There  shall  be  three  principal  laboratories  in  the  Unit¬ 
ed  States,  one  in  the  neighborhood  of  one  in 

the  neighborhood  of  and  one  near 

At  each  of  these  laboratories,  the  head  of  the  depart¬ 
ment  will  cause  to  be  bought  ten  acres  of  land,  and  have 
thereon  erected  workshops  competent  to  the  accommo¬ 
dation  of  forty  workmen,  and  barracks,  for  the  further 


36 


accommodation  of  the  same,  with  the  necessary  maga¬ 
zines  and  storehouses. 

The  workmen  at  each  of  the  said  laboratories,  shall  be 
engaged  for  a  term  of  service  not  less  than  five  years, 
and  at  the  rates  prescribed  by  law;  and  at  each,  there 
shall  be  one  master  wheelwvight  and  carriage  maker,  and 
one  master  blacksmith,  the  whole  to  be  under  the  direc¬ 
tion  of  the  commissary  general,  or  of  some  one  of  his  of¬ 
ficers.  It  is,  however,  understood,  that  if  workmen  can¬ 
not  be  engaged  for  a  term  as  long  as  five  years,  the  com¬ 
missary  general  may  engage  them  for  a  shorter  period. 
And  he  is  also  authorised  to  employ  women  and  children 
at  low  wages,  in  all  work  which  can  be  as  well  performed 
by  them  as  by  men;  and  accounts  regularly  presented 
and  certified  by  him,  of  the  amount  of  all  wages  for 
work  done  under  this  regulation,  shall  be  paid  by  the 
paymaster  of  the  army. 

At  these  workshops  shall  be  made,  all  gun  carriages, 
ammunition  waggons,  travelling  forges,  and  every  other 
apparatus  for  the  artillery,  and  shall  be  prepared  all 
kinds  of  ammunition  for  garrison  and  field  service. 

2.  Inspection  of  Powder,  itf c. 

It  will  be  the  duty  of  the  commissary  general  of  ord¬ 
nance,  to  call  upon  the  commissary  general  of  purchases 
for  the  names  and  places  of  residence  of  all  persons  en¬ 
gaged  in  making  powder,  cannon,  cannon  shot,  or  other 
ordnance  stores,  under  contract  with  the  United  States  ; 
and  on  notice  of  the  time  of  delivery  of  such  articles,  he 
will  cause  the  same  to  be  duly  proved  and  inspected. 
Until  thus  previously  inspected  and  proved,  no  ordnance, 
cannon  balls,  shells,  shot  or  powder,  shall  be  received  or 
paid  for,  by  any  public  agent  of  the  United  States. 

3.  Distribution  of  Ordnance. 

The  orders  of  general  officers  for  the  supply  of  ord¬ 
nance,  ammunition,  carriages,  See.  shall  go  no  farther 
than  to  direct  the  number  and  caliber  of  the  guns,  the 
quantity  and  kinds  of  ammunition  necessary  for  the  ser¬ 
vice,  and  to  command  the  preparation  and  delivery  of 
these,  and  other  enumerated  articles,  to  some  officer 
charged  with  its  conveyance  to  the  camp  or  garrison  of 
the  general  requiring  them. 

The  artillery  will  be  distributed  for  field  service,  into 
divisions,  or  half  divisions. 

A  division  of  artillery  will  consist  of  six  pieces  of  ord¬ 
nance,  viz.  four  cannon  of  the  same  caliber,  and  two  how¬ 
itzers,  or  six  cannon  of  not  more  than  two  calibers. 

A  half  division  of  artillery  will  consist  of  two  pieces  of 
cannon  of  the  same  caliber,  and  one  howitzer,  or  of  three 
pieces  of  cannon  of  the  same  caliber. 


37 


To  each  pair  of  three  pounders,  will  be  allotted  one 
ammunition  waggon,  or  caisson. 

To  each  six  pounder,  one  ammunition  waggon,  or 
caisson. 

To  each  howitzer,  two  ammunition  waggons,  or  cais¬ 
sons. 

To  each  gun  of  larger  caliber  than  a  six  pounder,  des¬ 
tined  to  act  with  the  army  in  the  field,  two,  or  at  most 
three  ammunition  waggons,  or  caissons. 

To  each  division  of  artillery  will  be  allotted  three  wagr 
gons,  provided  with  assorted  and  spare  articles  of  equip¬ 
ment,  ammunition,  harness,  intrenching,  and  artificers’ 
tools,  &c. 

To  each  half  division, will  be  allotted  one  waggon  with 
assorted  and  spare  articles,  and  tools,  as  above. 

To  each  division  of  flying  artillery,  and  every  two  di¬ 
visions  of  foot  artillery,  will  be  allotted  one  travelling 
forge. 

The  proportion  of  overplus  small  arms,  for  the  infan¬ 
try,  may  be  one-fourth  of  the  number  of  effective  troops 
in  the  field ;  these  shall  be  placed  in  reserve,  at  some 
safe  and  convenient  situation,  near  the  army. 

The  proportion  of  musket  cartridges  for  the  infantry, 
shall  consist  of  thirty  rounds  per  man,  accompanying  the 
troops  in  ammunition  waggons;  $nd  such  additional 
quantities  as  may  b@  judged  requisite,  shall  be  placed  in 
reserve,  as  provided  for  small  arms  in  the  preceding  pa¬ 
ragraph. 

Waggons  will  be  provided  with  mining  and  laboratory 
tools  and  utensils,  together  with  additional  quantities  of 
intrenching  and  artificers’  tools,  whenever  the  nature  of 
the  service  may  render  it  necessary. 

|  4.  Preservation  and  safe  kee fling  of  Ordnance  Stores ,  itfe. 

It  will  be  the  duty  of  the  commissary  general  of  ord¬ 
nance  to  take  measures  for  the  completion,  reparation 
and  preservation  of  all  ordnance,  ammunition,  artillery 
carriages,  and  machines,  in  the  respective  fortresses,  ma¬ 
gazines  and  arsenals. 

5.  Returns  of  Ordnance  Stores ,  Ifc. 

The  senior  officer  of  artillery  of  every  division  or  de¬ 
tachment  of  the  army,  and  of  every  garrison  and  post, 
and  all  keepers  of  magazines  and  arsenals,  or  other  per¬ 
sons  having  charge  of  military  stores,  shall  make  returns 
quarterly  to  the  commissary  general  of  ordnance,  agree¬ 
ably  to  such  forms  as  may  be  furnished  by  him. 

The  military  stores  above  referred  to,  are — 

Fire  arms  of  every  description,  with  their  equipments 
and  accoutrements. 


M 


Ammunition,  whether  fixed  or  loose. 

Laboratory  stores  and  utensils. 

Artificers’  tools:  and 

All  artillery  carriages  and  machines;  not  to  include 
camp  equipage  or  barrack  furniture. 

Such  returns  shall  be  made  by  the  commissary  general 
as  are  required  by  law ;  and 

6.  Annual  Estimates. 

It  shall  be  the  duty  of  the  commissary  general  of  ord¬ 
nance,  to  make  out  and  render  to  the  war  department, 
yearly  estimates  of  the  powder,  ordnance,  cannon  balls, 
shells  and  shot,  timber  and  other  materials  for  gun  car¬ 
riages  and  ammunition  waggons,  laboratory  utensils,  ar¬ 
tificers’  tools,  See.  which  shall  be  requisite  for  the  service 
of  the  public. 

PURCHASING  DEPARTMENT. 

1st  The  commissary  general  of  this  department,  and 
his  deputies,  will  purchase,  upon  the  orders  and  esti¬ 
mates  of  the  war  department,  all  ordnance,  ordnance 
stores,  laboratory  utensils,  artificers*  tools,  artillery 
carriages,  ammunition  waggons,  timber  and  other  ma¬ 
terials  for  making  and  repairing  these  ;  artillery  har¬ 
ness,  ammunition,  small  arms,  accoutrements  and  equip¬ 
ments  ;  clothing  ;  dragoon  saddles  and  bridles ;  tents, 
tent  pcles,  camp  kettles,  mess  pans,  bed  sacks  ;  medi¬ 
cines,  surgical  instruments,  hospital  stores,  and  all  other 
articles  required  for  the  public  service  of  the  army  of  the 
U.  States,  excepting  only  such  as  are  directed  to  be  pur¬ 
chased  by  the  quarter  master  general’s  department. 

2d.  The  articles  so  purchased  as  aforesaid,  shall 
(such  as  may  require  it)  be  carefully  packed,  and  all 
be  delivered  over  by  the  commissary  general,  or  by 
his  deputies,  to  an  officer  of  the  quarter  master  gene¬ 
ral’s  department,  for  transportation  to  the  places  of 
their  destination  and  use  ;  and  all  parcels  so  packed, 
shall  be  legibly  marked  with  the  name  of  the  place  or 
places  whither  they  are  to  be  sent,  and  that  of  the 
detachment  or  corps  for  which  they  are  intended,  ac¬ 
companied  by  an  invoice  of  the  articles  contained  in 
the  said  parcels. 

3d.  The  commissary  general  of  purchases  and  his 
deputies,  shall  severally  make  and  transmit  monthly 
summary  statements,  to  the  secretary  of  war,  and 
quarterly  accounts  of  the  purchases  and  deliveries 
made  by  them  respectively,  to  the  accountant  of  the 
war  department,  with  the  necessary  vouchers,  and 
agreeably  to  the  forms  which  shall  be  prescribed  by 
the  treasury  department. 


w 

39 

Ref  urns  of  Clothing ,  life. 

To  enable  the  war  department  to  furbish  the  orders 
and  estimates  as  provided  by  the  foregoing  regulation, 
each  regimental  quarter  master  shall  make  and  trans¬ 
mit,  on  or  before  the  1st  day  of  December  in  each  year,  an 
estimate,  countersigned  by  the  commanding  officer  of  the 
regiment,  of  all  such  clothing,  arms,  accoutrements, 
equipments,  and  camp  equipage,  as  may  be  necessary  for 
the  supply  of  the  regiment  for  the  ensuing  year  ;  with  a 
return  of  the  articles  on  hand,  and  a  report  of  the  condi¬ 
tion  in  which  they  are. 

DUTIES  OF  TOPOGRAPHICAL  ENGINEERS 
AND  THEIR  ASSISTANTS. 

To  make  such  surveys,  and  exhibit  such  delinea¬ 
tion  of  them,  as  the  commanding  general  shall  direct ; 
to  make  plans  of  all  military  positions  (which  the  army 
may  occupy)  and  of  their  respective  vicinities,  indi¬ 
cating  the  various  roads,  rivers,  creeks,  ravines,  hills, 
woods,  and  villages,  to  be  found  therein  ;  to  accompany 
all  reconnoitering  parties,  sent  out  to  obtain  intelligence 
of  the  movements  of  the  enemy,  or  of  his  positions,  &c. ; 
to  make  sketches  of  their  route,  accompanied  by  written 
notices  of  every  thing  worthy  of  observation  thereon  ;  to 
keep  a  journal  of  every  day’s  movement, when  the  army 
is  in  march,  noticing  the  varieties  of  ground,  of  build¬ 
ings,  of  culture,  and  the  distances  and  state  of  the 
roads,  between  given  points,  throughout  the  march  of 
the  day  ;  and  lastly,  to  exhibit  the  relative  positions  of 
the  contending  armies,  on  fields  of  battle,  and  the 
dispositions  made,  whether  for  attack  or  defence. 


HOSPITAL  AND  MEDICAL  DEPARTMENT. 

It  shall  be  the  duty  of  the  physician  and  surgeon  gen¬ 
eral,  to  prescribe  rules  for  the  government  of  the  hospi¬ 
tals  of  the  army;  to  see  these  enforced  ;  to  appoint  stew¬ 
ards  and  nurses;  to  call  for  and  receive  returns  of  medi¬ 
cines,  surgical  instruments,  and  hospital  stores;  to  au¬ 
thorise  and  regulate  the  supply  of  regimental  medicine 
chests  ;  to  make  out  general  half-yearly  returns  of  these, 
and  of  the  sick  (in  hospitals)  to  the  war  department,  and 
yearly  estimates  of  what  may  be  wanted  for  the  supply 
of  the  army. 

The  apothecary  general  shall  assist  the  physician  and 
surgeon  general  in  the  discharge  of  the  above  mentioned 
duties,  and  shall  receive  and  obey  his  orders  in  relation 
thereto. 


40 


DETAILED  RULES  RESPECTING  THE 
UNIFORM  OF  OFFICERS. 

Of  the  General  Staff. 

The  Coat — Single  breasted,  with  ten  buttons,  and 
button  holes  -worked  with  blue  twist,  in  front,  five 
inches  long  at  the  top  and  three  at  the  bottom.  The 
standing  collar  to  rise  to  the  tip  of  the  ear,  which  will 
determine  its  width.  The  cuffs,  not  less  than  three 
and  a  half  nor  more  than  four  inches  wide.  The  skirts 
faced  with  blue,  the  bottom  of  each  not  more  than 
seven  nor  less  than  three  and  a  half  inches  wide  ;  the 
length  to  reach  to  the  bend  of  the  knee. 

The  bottom  of  the  breast  and  two  hip  buttons  to  range. 

1.  On  the  collar,  one  blind  hole,  five  inches  long,  with 

a  button  on  each  side. 

2.  The  blind  holes  on  each  side  of  the  front,  in  the 

herring-bone  form,  to  be  in  the  same  direction 
with  the  collar,  from  the  top  to  the  bottom. 

3.  Blind  holes  (in  the  like  form)  to  proceed  from  fonr 

buttons,  placed  lengthwise,  on  each  skirt.  A  gilt 
star,  on  the  centre  of  the  bottom,  two  inches  from 
the  edge. 

4  The  cuffs  to  be  indented  to  within  one  and  a  half  inch 
of  the  edge,  with  four  buttons  lengthwise  on  each 
sleeve,  and  holes  to  the  three  upper  buttons  cor¬ 
responding  with  the  indentation  of  the  cuff,  on  the 
centre  of  which  is  to  be  inserted  the  lower  button. 
5.  All  general  officers  will  be  permitted  to  embroider 
the  button  holes.  The  commissary  general  of  ord¬ 
nance,  the  adjutants,  inspectors  and  quarter  mas¬ 
ters  general,  and  the  commissary  general  of  pur¬ 
chases,  will  be  permitted  to  embroider  the  button 
holes  of  the  collar  only. 

Vests ,  Breeches  and  Pantaloons. — White  (or  buff  for 
reneral  officers ;)  blue  pantaloons  may  be  worn  in  the 
winter,  and  nankeen  in  the  summer.  Vests,  single 
breasted,  without  pocket  flaps. 

1.  Breeches,  or  pantaloons,  with  four  buttons  on  the 

knees,  and  gilt  knee  buckles. 

2.  High  military  boots  and  gilt  spurs. 

Black  Stock. — Of  leather  or  silk. 

Chapeaus.— Of  the  following  form  :  the  fan  not  less 
than  six  and  a  half  nor  more  than  nine  inches  high  in  the 
rear,  nor  less  than  fifteen,  nor  more  than  seveneen  and 
a  half  inches  from  point  to  point,  bound  round  the  edge 
with  black  binding  an  half  inch  wide. 

1,  Button  and  loop,  black. 


41 


2.  Cockade  the  same,  four  and  a  half  inches  diameter, 
with  a  gold  eagle  in  the  centre. 

Swords. — Yellow  mounted,  with  a  black  or  yellow 
gripe.  For  the  officers  of  the  adjutant,  inspector  and 
quarter  master  general’s  departments,  sabres  ;  for  all 
the  others,  strait  swords. 

Waist  Belts. — Of  black  leather.  No  sashes. 
j Efiaulettes. — Of  gold  ;  according  to  rank. 

Note.  Officers  of  the  corps  of  engineers  will  wear 
the  uniform  already  established  for  that  corps. 

The  dress  of  the  hospital  staff  will  conform  as  to  fash¬ 
ion,  to  the  uniform  of  the  staff,  except  that  they  will 
wear  pocket  flaps,  and  buttons  placed  diagonally  on  the 
cuffs,  four  to  each,  and  covered  buttons  in  all  instances 
of  the  colour  of  the  coat  (black.) 

Officers  of  the  line  appointed  to  a  staff  station,  which 
confers  no  additional  rank,  will  wear  the  uniform  of 
their  rank  in  the  line,  with  high  boots  and  spurs. 

Of  the  Artillery. 

Coat.— Of  the  same  general  description  with  that  of 
the  staff ;  and 

1.  Pocket  flaps,  cross  indented  below,  not  less  than  two 

and  a  quarter  nor  more  than  three  inches  wide, 
with  four  buttons  and  blind  holes  ;  two  buttons  at 
the  opening  of  the  pocket  of  each  skirt,  and  a 
diamond  of  blue  cloth,  ornamented  one  and  a  quar¬ 
ter  inch  on  each  side,  the  centre  two  inches  from 
the  bottom  of  the  coat. 

2.  The  blind  holes  on  either  side  of  the  front,  with  the 

coat  buttoned  close  to  the  collar,  accurately  to  form 
lines  with  the  corresponding  ones  opposite,  from 
the  top  to  the  bottom,  i.  e.  not  to  represent  herring¬ 
bone. 

3.  The  cuffs  with  four  blind  holes,  extending  from  four 

buttons  diagonally  placed  on  each. 

4.  Two  blind  holes  on  the  collar,  five  inches  long,  with 

two  buttons  on  each  side. 

5.  Guilt  buttons,  of  the  size  and  insignia  furnished  the 

commissary  general  of  purchases  from  the  war 
department. 

Vests,  Breeches  and  Pantaloons . — For  the  field  and 
staff,  the  same  as  those  described  for  the  general  staff  ; 
and  vests  and  pantaloons,  for  the  officers  of  the  line, 
the  same,  except  the  1st  and  2d  particular  articles. 

Stocks  and  Chafieaus. — Of  the  same  general  descrip¬ 
tion  with  those  of  the  general  staff : 

1.  Button  and  loop  of  the  chapeau,  yellow. 

'M2 


42 


2.  Biack  cockade,  of  leather,  four  and  a  half  inched 
diameter,  with  a  gold  eagle  in  the  centre.  A  white 
feather  to  rise  eight  inches  ;  that  of  the  adjutant, 
white  and  red. 

Swords. — Cut  and  thrust,  yellow  mounted,  with  a 
<  Mack  or  yellow  gripe. 

Waist  Belts. — Of  white  leather,  f 

Sashes. — To  be  Worn  only  when  on  a  tour  of  duty, 
and  round  the  waist. 

Efiaulettes.—Oi  gold  (bullion  and  strap)  according  to 
rank.  The  adjutant,  quarter  master  and  pay  master, 
to  Wear  a  counter  strap  on  the  opposite  shoulder. 

The  surgeons  and  mates,  to  include  garrison  surgeons 
and  mates,  will  wear  the  same  uniform,  except  the 
«ape,  which  is  of  black  velvet ;  the  plume  black. 

'Of  the  Infantry. 

The  same  as  that  pointed  out  for  the  officers  of  artil¬ 
lery,  with  the  following  exceptions  : 

The  sword  of  the  sabre  form,  and  with  mounting 
silver  or  plated.  For  the  medical  staff,  small  swords. 

Epaulettes,  buttons,  spurs,  buckles  and  trimmings, 
silver  or  plated. 


CHANGES  IN  THE  UNIFORM  OF  THE  AR¬ 
MY  OF  THE  UNITED  STATES, 

The  coat  of  the  infantry  and  artillery  shall  be  uniform¬ 
ly  blue,  no  red  collars  or  cuffs  ;  and  no  lace  shall  be 
worn  by  any  grade,  excepting  in  epaulettes  and  sword 
knots. 

All  officers  will  wear  coats  of  the  length  of  those 
worn  by  field  officers  ;  all  the  rank  and  file  will  wear 
coatees.  The  button  holes  of  these  will  be  trimmed  with 
tape  on  the  collar  only.  Leather  caps  will  be  substitu¬ 
ted  for  felt,  and  worsted  or  cotton  pompons  for  feathers. 

General  officers  and  all  others  of  the  general  staff  not 
otherwise  directed,  shall  wear  cocked  hats  without 
feathers,  gilt  bullet  buttons,  and  button  holes  in  the 
herring  bone  form. 

The  epaulettes  of  major  generals  will  have  on  the 
gold  ground  of  each  strap,  two  silvered  stars. 

The  epaulettes  of  brigadiers  will  have  on  each  strap 
one  star. 

The  uniform  of  the  physician  and  surgeon  and  apoth¬ 
ecary  generals,  and  hospital  surgeons  and  mates,  shall 
be  black,  the  coats  with  standing  collars,  and  on  each 
side  of  the  collar  a  star  of  embroidery,  within  half  an 
inch  of  the  front  edge. 

The  rules  with  respect  to  undress  are  dispensed  with, 
excepting  that  cock,ndes  must  always  be  worn. 


43 


MISCELLANEOUS  RULES. 

Each  major  general  will  appoint  his  aid-tie-camp  ; 
each  brigadier  general  will  appoint  his  brigade  major 
and  aid-de-camp.  No  aid-de-camp  shall  hereafter  be 
taken  from  a  rank  higher  than  that  of  a  subaltern. 

No  officer  shall  be  permitted  to  hold  two  staff  ap¬ 
pointments  at  the  same  time. 

No  surgeon  of  the  army  shall  be  engaged  in  private 
practice. 

No  officer,  commissioned  or  non-commissioned,  shall 
be  the  agent  of  a  contractor. 

Quarter  masters  of  regiments,  or  of  corps,  will  cause 
the  company  provision  returns  to  be  consolidated,  and 
carried  to  the  commanding  officers  of  regiments  and  of 
detachments  or  brigades,  for  their  signatures.  Abstracts 
of  these,  furnished  and  presented  by  the  contractors, 
will  be  signed  by  officers  commanding  brigades,  (or  se¬ 
parate  posts)  and  will  thus  become  vouchers  for  the  con¬ 
tractors. 

No  furlough  shall  be  given  during  a  campaign  ;  nor 
any,  but  by  the  general  commanding  the  district  or 
army,  and  for  the  cause  of  disability,  which  disabil¬ 
ity  shall  be  certified  by  a  regimental  or  hospital  surgeon. 

Furloughs  shall,  beside  expressing  the  term  of  time 
granted  to  absentees,  express  also  an  order  to  join  the  re¬ 
giment,  post  or  garrison,  to  which  they  may  belong. 

No  orders  shall  be  given  to  officers  seeking  a  furlough 
for  their  own  convenience,  which  shall  have  the  effect 
of  entitling  them  to  an  allowance  for  transportation  of 
baggage. 

All  discharges  given  to  soldiers  by  generals  command¬ 
ing  separate  detachments,  shall  specify  the  causes  of 
discharge. 

All  officers,  whatever  may  be  their  rank,  passing 
through  a  garrison  town,  or  established  military  post, 
shall  report  their  arrival  at  such  town  or  post  to  tire 
commanding  officer ;  by  written  notice,  if  the  officer  ar¬ 
riving  be  elder  in  rank,  and  personally,  if  he  be  younger 
in  rank  than  the  officer  commanding. 

All  officers  arriving  at  the  seat  of  government,  will 
in  like  manner  report  to  the  adjutant  and  inspector 
general. 

Regulation  of  November  1,  1808. 

Officers  of  the  cavalry  will  be  allowed  money  in  lieu 
of  forage,  under  the  rule  which  governs  in  the  allow¬ 
ance  to  officers  of  other  corps,  to  wit :  Twelve  dollars  to 
a  colonel,  eleven  dollars  to  a  lieutenant  colonel,  dec. 

Captains  and  subakerns  of  that  corps,  are  not,  to  be 


44 


allowed  forage,  or  money  in  lieu  thereof,  until  ordered 
to  be  mounted. 


MILITARY  DISTRICTS. 

The  United  States  have  been  divided  into  nine,  as  fol¬ 
lows — viz. 

Massachusetts  and  New-Hampshire,  -  .  No.  1. 

Rhode- Island  and  Connecticut,  .  .  No.  2. 

New-York,  from  the  sea  to  the  Highlands, 
and  New-Jersey,  excepting  that  part  of 
the  state  which  furnishes  the  first  divis¬ 
ion  of  militia,  .  .  No.  3. 

That  part  of.  New-Jersey  excepted  above, 
Pennsylvania  and  Delaware,  .  .  No.  4. 

Maryland  and  Virginia,  .  .  .  No.  5. 

The  two  Carolinas  and  Georgia,  .  .  No.  6. 

Louisiana,  the  Missisippi  Territory  and 

Tennessee,  ....  No.  7: 

Kentucky,  Ohio  and  the  Territories  of  In¬ 
diana,  Michigan,  Illinois  and  Missouri,  .  No.  8. 

New-York,  North  of  the  Highlands,  and 
Vermont,  ....  .  No.  9. 


RULES  WITH  REGARD  TO  RECRUITING. 

£See  also  the  Recruiting  Instructions ,  following  page  120  ] 

Each  military  district  of  the  United  States  s’hall  form 
a  recruiting  district,  within  which  shall  be  established 
one  principal  rendezvous,  and  such  minor  depots  for  re¬ 
cruits  as  may  be  prescribed  by  the  general  or  other  of¬ 
ficer  commanding,  who  shall  superintend  and  direct  the 
recruiting  service  within  such  district,  either  by  himself 
or  by  some  officer  whom  he  shall  designate  for  that 
purpose,  and  whom  the  secretary  of  war  shall  approve. 

The  commissary  general  of  purchases  will  cause  to  be 
deposited  at  the  principal  rendezvous  in  each  district,  a 
sufficient  quantity  of  clothing,  arms,  accoutrements,  am¬ 
munition,  camp  equipage,  and  medicine,  for  the  several 
corps,  to  be  recruited  therein ;  and  that  there  shall  at  no 
time  be  a  deficiency  of  any  of  these  articles,  the  super¬ 
intending  officer  shall  give  notice  to  the  commissary  gen¬ 
eral  of  the  articles  received,  delivered,  and  on  hand,  and 
at  what  time  a  further  supply  will  be  necessary. 

It  shall  be  the  duty  of  the  superintendent  to  report  to 
the  war  department,  all  commissioned  and  non-commis¬ 
sioned  officers,  who  may  be  incapable  or  negligent,  or 
unsuccessful  in  the  discharge  of  their  functions. 

All  the  recruiting  officers  within  the  district  shall  re¬ 
port  weekly  to  the  superintendent  the  strength  of  their 


45 


parties,  the  names  of  their  recruits,  and  the  description 
of  their  persons  respectively,  and  shall  detach  these  to 
the  general  rendezvous,  where  they  shall  be  embodied 
and  organized  into  squads  or  companies,  for  the  purpose 
of  discipline. 

The  recruiting  officer  shall  be  accountable  for  any  loss 
which  the  United  States  would  otherwise  sustain,  by  en¬ 
listing  recruits  incapacitated  for  military  duty. 

Recruiting  officers  shall,  as  far  as  practicable,  be  fur¬ 
nished  with  drums  and  fifes  from  their  regiments  ;  where 
this  may  be  impossible,  and  musicians  have  not  been  en¬ 
listed,  they  are  authorized  to  engage  a  drummer  and 
fifer,  at  a  rate  not  exceeding  fifteen  dollars  per  month, 
and  one  ration  per  day  each. 

[Recruiting  officers  are  not  required  to  transmit  state¬ 
ments  of  their  weekly  accounts  to  the  War  Department , 
as  mentioned  in  the  instructions  from  the  adjutant  gen¬ 
eral’s  office  of  the  15th  January,  1813 — that  rule  having 
since  been  dispensed  with.] 

No  party  shall  be  detached  on  the  recruiting  service 
unaccompanied  by  a  commissioned  officer,  unless  by  spe¬ 
cial  permission  of  the  superintendent. 

Soldiers  enlisted  by  the  officers  of  any  particular  regi¬ 
ment,  shall  be  given  over  to  that  regiment ;  nor  shall 
any  transfer  of  soldiers  from  one  corps  to  another  be  made 
without  the  assent  of  the  officers  commanding  both  corps, 
or  by  the  orders  of  the  war  department. 

When  medical  or  surgical  aid  is  required  by  a  recruit¬ 
ing  party,  if  no  surgeon  or  mate  of  the  army  be  at  or  near 
the  post,  the  senior  officer  shall  have  authority  to  obtain 
sdch  by  special  agreement  in  writing,  under  the  follow¬ 
ing  rules,  viz. 

For  any  number  of  sick,  not  more  than  thirty,  the  rate 
of  compensation  shall  not  exceed  the  pay  and  emoluments 
of  a  surgeon’s  mate  of  the  army,  exclusive  of  medicine. 

In  any  other  case,  it  shall  not  exceed  those  of  a  regi¬ 
mental  surgeon. 

All  communications,  relating  to  the  recruiting  service, 
shall  be  addressed  to  “  The  Adjutant  and  Inspector 
Generals  Office ,  War  Department .” 

Each  regiment  shall  furnish  a  recruiting  party  or 
parties,  to  be  expedited  to  the  military  districts,  ac¬ 
cording  to  the  following  arrangement,  viz. 


1  Battalion  of  the  1st  Artillery, 
The  4th  Infantry, 

The  9th  do.  and 
The  21st  do. 


2  Companies  of  the  Light  Artillery,  "| 

3  Troops  of  the  2d  Light  Dragoons,  ; 

-a  T1  a  .  _  1  •  f  .  I  ^  l 


I 


^District  No.  1. 


» 

i 

j 


46 


1  T reop  of  the  2d  Light  Dragoons, 

1  Battalion  of  the  1st  Artillery,  and 
The  25th  Infantry, 

2  Companies  of  Light  Artillery, 

2  Troops  of  the  2d  Light  Dragoons, 
2  Battalions  of  the  3d  Artillery, 

The  6th  Infantry,  and 
The  15th  ditto, 

2  Companies  of  Light  Artillery, 

2  Troops  of  the  2d  Light  Dragoons, 

3  Battalion  of  the  2d  Artillery, 

The  3d  Infantry, 

The  5th  ditto, 

The  16th  ditto,  and 
The  22d  ditto, 

2  Companies  of  Light  Artillery, 

1  Troop  of  the  1st  Light  Dragoons, 
11-2  Battalion  of  the  2d  Artillery, 
The  12th  Infantry, 

The  14th  ditto,  and 
The  20th  ditto, 

2  Troops  of  the  1st  Light  Dragoons, 
1  Battalion  of  the  1st  Artillery, 

The  8th  Infantry, 

The  10th  ditto,  and 
The  18th,  ditto, 


1 

1 

I 


District  No.  2. 


District  No.  3. 


i 

District  No.  4. 


J 


I 

^District  No.  5. 

I 


>  District  No.  6. 


1 


2  Troops  of  the  1st  Light  Dragoons, 

1  Battalion  of  the  1st  Artillery, 

The  2d  Infantry, 

The  7th  ditto, 

The  24th  ditto,  and 

3  Companies  of  Riflemen,  J 

2  Companies  of  Light  Artillery, 

3  Troops  of  the  first  Light  Dragoons,  f 

If  Battalions  of  the  2d  Artillery,  j 

The  1st  Infantry,  r 

The  17th  ditto, 

The  19th  ditto,  and 

4  Companies  of  Riflemen, 


|>  District  No.  7. 


DistrictNo.  8, 


2  Troops  of  the  2d  Light  Dragoons, 

2  Battalions  of  the  3d  Artillery, 

The  11th  Infantry, 

The  13th  ditto, 

The  23d  ditto,  and 

3  Companies  ofRiflcmenj 


1 

^District  No.  9>. 


j 


4  7 

RULES  WITH  REGARD  TO  MILITIA  DRAFTS. 

1st.  All  militia  detachments  for  the  service  of  the  Uni¬ 
ted  States,  must  be  made  under  the  requisition  of  some 
officer  of  the  United  States  (to  be  hereafter  authorised 
to  make  such  requisition)  on  the  executive  authority  of 
the  state,  or  of  the  territory,  from  "which  the  detach¬ 
ments  shall  be  drawn. 

2d.  In  these  requisitions  shall  be  expressed  the  number 
of  privates,  non-commissioned  and  commissioned  officers 
required  ;  which  shall  be  in  the  same  proportions  to  each 
other  as  obtains  in  the  regular  army.  The  looser  method 
of  requiring  regiments  or  brigades,  will  be  discontinued. 

3d.  So  soon  as  one  hundred  privates,  eleven  non-com¬ 
missioned,  and  five  commissioned  officers,  shall  have 
been  organized  as  a  company,  under  any  requisition  as 
aforesaid,  they  will  be  mustered  and  inspected  by  an  in¬ 
spector  general,  or  his  assistant,  or  some  other  officer 
of  the  army  of  the  United  States,  thereto  specially  ap¬ 
pointed  ;  upon  whose  rolls  and  reports  they  will  be  enti¬ 
tled  to  pay,  &c. 

4th.  It  shall  be  the  duty  of  the  officer  so  mustering  and 
inspecting  militia  detachments,  to  make  immediate  re¬ 
port  thereof  to  the  war  department — and 

5th.  Payment  will  be  made  through  the  regimental 
paymaster,  in  all  cases  in  which  the  corps  shall  be  or¬ 
ganized  as  a  regiment ;  and  in  all  cases  in  which  it  shall 
tlill  short  of  the  number  necessaiy  to  that  organization, 
by  the  paymaster  accompanying  the  army  or  division  to 
which  it  may  belong. 

An  ACT  to  regulate  the  allowance  of  Forage  to  Offi¬ 
cers  in  the  Army  of  the  United  States. 

BE  it  enacted  by  the  Senate  and  House  of  Refire * 
sentatives  of  the  United  States  of  America  in  Congress 
assembled ,  That  all  officers  in  the  military  service  of 
the  United  States,  who  are  by  law  entitled  to  forage, 
shall  receive  in  lieu  thereof, when  not  drawn  in  kind,  an 
equivalent  in  money  at  the  rate  of  eight  dollars  per 
month  for  each  horse  to  which  they  may  be  entitled : 
Provided ,  That  no  allowance  shall  be  made  to  any  offi¬ 
cer  for  more  horses  than  he  shall  actually  employ  in  the 
public  service. 

Approved,  July  22d,  1813. 


JAMES  MADISON, 


TABLE 

OF  THE  FORTIFICATIONS  IN  THE  U.  STATES, 

Shewing  their  distances  from  New-  York. 


Forts. 

States. 

Distance \ 
Elites 

Alden, 

- 

New- York, 

210 

Adams, 

- 

Indiana  Territory, 

700 

Adayes, 

- 

Louisiana, 

1560 

Ann, 

- 

New-York, 

210 

Balize, 

- 

‘  Orleans, 

1500 

Beaver, 

- 

Ohio, 

470 

Billingsport, 

- 

Pennsylvania, 

100 

Bamus,  Alla, 

- 

Louisiana, 

1282 

Bird, 

Beef, 

- 

Pennsylvania, 

S50 

- 

Ditto, 

320 

Brewington, 
Bedlow’s  Island, 

- 

New-York, 

270 

- 

Ditto, 

3  1-2 

Castle  Williams, 

- 

Ditto, 

1 

Castle  Williams, 

- 

Massachusetts, 

253 

Fort  Campbell, 

- 

Tennessee, 

960 

Charlotte, 

- 

South  Carolina, 

847 

Chilicothe, 

- 

Ohio, 

620 

Chissel, 

_ 

Tennessee, 

1100 

Cumberland, 

- 

Virginia, 

340 

Chartres, 

- 

Louisiana, 

1020 

Conde, 

- 

West  Florida, 

1420 

Constitution, 

- 

New-York, 

60 

Craigs, 

- 

Ohio, 

650 

Crown  Point, 

- 

New-York, 

243 

Detroit, 

- 

Michigan, 

720 

Defiance, 

- 

Ohio, 

700 

Dartmouth, 

- 

South  Carolina, 

967 

Drummer, 

Connecticut, 

180 

Edward, 

- 

New-York, 

200 

Ellis’  Island, 

- 

Ditto, 

3 

Franklin, 

- 

Pennsylvania, 

290 

Frederick, 

- 

Maryland, 

329 

George, 

- 

New-York, 

203 

Granger, 

- 

Tennessee, 

1030 

Greenville, 

- 

Indiana, 

670 

Griswold, 

- 

Connecticut, 

120 

Gansevoort, 

- 

New-York, 

1 

Harrison, 

- 

Ohio, 

570 

Halifax, 

- 

Maine, 

425 

Haynes, 

- 

Kentucky, 

770 

Henry, 

- 

Pennsylvania, 

150 

Hunter, 

- 

New-York, 

193 

Hamilton,  . 

- 

Ohio, 

Massachusetts, 

620 

Independence, 

- 

250 

49 


Jefferson, 

Jefferson, 

St.  Joseph, 
Johnson, 

Johnson, 

Knox, 

Lasur, 

Lahurilliers, 

Lawrence, 

Littleton, 

Little, 

!  Louis,  . 

Lee, 

!  Miners, 

Malden, 

I  Miami, 

Michilimackinac, 
i  Massac, 
i  Massachusetts, 

I  Mifflin, 

]  Miller, 
Montgomery, 
Moore, 

Moultrie, 

Natchitoches, 

Ninety-Six, 

Necessity, 

Niagara, 

-Oswego, 

'Old  Fort, 

Osvvegatchie, 

Orleans, 

Fort  Penn, 

Picolate, 

Porias, 

Providence, 

Putnam, 

Pitt, 

Portland, 

leccvery, 

losalia, 

Richmond, 

lock, 

iandusky, 

ichuyler, 

ichiosser, 

ichlossee, 

iteuben, 


-  Kentucky, 

-  Indiana, 

-  Michigan, 

-  South  Carolina, 

-  North  Carolina* 

-  Louisiana, 

Ditto, 

Ditto, 

•  Ohio, 

Pennsylvania, 

■  Michigan, 

-  West  Florida, 
New- York, 
Pennsylvania, 
Michigan, 

Ohio, 

Michigan, 
Louisiana, 
Massachusetts, 
Pennsylvania, 
New- York, 

Ditto, 

South  Carolina, 
Ditto, 
Louisiana, 

South  Carolina, 
Virginia, 

New- York, 

Ditto, 

Louisiana, 

New- York, 

W est  Florida, 
Pennsylvania, 

East  Florida, 

Louisiana, 

Rhode-Island, 

New- York, 

Pennsylvania, 

Massachusetts, 

Ohio, 

Louisiana, 

New- York, 
Georgia, 

Michigan, 

New- York, 

Ditto, 

Ditto, 

Kentucky, 


1030 

670 

800 

860 

660 

950 

1100 

1120 

470 

317 

990 

1407 

12 

300 

700 

671 

930 

1000 

170 

100 

200 

52 

900 

860 

1579 

SCO 

400 

470 

330 

1500 

330 

3580 

79 

1100 

940 

208 

60 

400 

460 

660 

1460 

12 

1C00 

620 

265 

465 

470 

680 


so 


St.  Tammany, 

- 

Ditto, 

1100 

St.  Joseph, 

- 

Michigan, 

895 

St.  Clair, 

- 

Ditto, 

730 

Stanwix, 

- 

New-York, 

285 

Schuyler, 

- 

Ditto, 

255 

St.  Clair, 

- 

Ohio, 

670 

St.  Marks, 

- 

East  Florida, 

1210 

Spanish  Fort, 

- 

Louisiana, 

1420 

Sacket’s  Harbor, 

- 

New-York, 

320 

Trumbull, 

- 

Connecticut, 

120 

Telfair, 

- 

Georgia, 

1010 

Valley, 

- 

Pennsylvania, 

108 

Vergennes, 

- 

Vermont, 

310 

Vincent, 

- 

Ohio, 

949 

Vancouvert, 

Ditto, 

500 

Venango, 

- 

Pennsylvania, 

200 

Whetstone, 

- 

Maryland, 

208 

W  ayne, 

- 

Indiana  Territory, 

730 

Washington, 

Ohio, 

66  2 

Watson, 

- 

South  Carolina, 

305 

Western, 

- 

Maine, 

420 

West- Point, 

- 

New-York, 

60 

Wall  Fort, 

- 

Massachusetts, 

270 

Washington, 

- 

Rhode-Island, 

200 

W  ashington, 

New-York, 

14 

%  f 

Requisition  for  Forage,  for  (Major  or  Colonel 
as  the  case  may  be)  of  the 

regiment  of  United  States  stationed  at 

commencing  the  day  of 

and  ending  the  day  of  181 

both  days  included. 


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Oats. 

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REMARKS. 


SI 


I  do  hereby  certify,  that  I  keep  in  actual  service 

Horses  ;  and  that  my  duties  require  that  I  should 
be  mounted  in  the  field. 

(Signed) 

The  Deputy  Quarter  Master  General  will  please  to 
issue  pounds  of  Hay,  and  quarts  of 

agreeably  to  the  above  requisition. 

(Signed)  Commandant. 

Received  from  Mr.  Forage  Master,  by 

order  of  Deputy  Quarter  Master  General 
the  full  amount  of  the  above  requisition. 

(Signed) 

N.  B.  Each  officer  must  sign  his  own  requisition  :  and 
duplicate  receipts  must  also  be  signed  by  the  officer,  spe¬ 
cifying  the  amount  of  Forage  received. 

Requisition  for  Stationary,  for  the  regi¬ 
ment  United  States  stationed  at 

under  the  command  of  commencing  the 

day  of  and  ending  the 

day  of  181  inclusive,  being  months. 


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REMARKS-. 


I  do  hereby  certify  on  honor,  that  this  requisition  exhi¬ 
bits  a  correct  and  true  statement  of  allowance  of  Station¬ 
ary  for  the  said  regiment,  for  the  time  therein  stated. 

(Signed)  Quarter  Master. 

The  Deputy  Quarter  Master  Genet al  will  purchase 
and  issue  quires  Paper,  quires  Letter  Paper, 
Blank  Books  of  three  quires,  Blank  Books  of  two 
quires,  papers  of  Ink  Powder,  Quills  and  Wafers. 

(Signed)  Commandant. 


52 


Requisition  for  Straw,  for  (regiment  or  detachment, 
as  the  case  may  be)  U.  States  stationed  at 

under  the  command  of  commencing 

the  day  of  and  ending  the  day 

of  181  both  days  included. 


DISTRIBUTION. 

Number  of 
Days. 

Number  of 
Officers. 

Number  of  Non¬ 
commissioned  Of¬ 
ficers,  Musicians, 
Privates,  and 
Washerwomen. 

INumber  of 

j  lbs.  Straw. 

REMARKS. 

I  do  certify  on  honor,  that  the  above  return  is  correct 
and  true.  (Signed)  Quarter  Master. 

The  Deputy  Quarter  Master  General  will  please  to 
issue  pounds  of  Straw,  agreeably  to  the  above 

requisition.  (Signed)  Commandant. 

N.  B.  Requisitions  for  Straw  for  the  Hospital,  must  be 
signed  by  the  Surgeon  and  Commanding  Officer. 


Fuel  Return,  for  the  regiment  of  U.  States 

stationed  at  under  the  command 

of  for  the  month  of  181 


DISTRI¬ 

BUTION. 

No.  of  Field 
Officers. 

Number  of 
[Captains. 

Number  of 
Subalterns. 

No.  ot  Non- 
commiffiuned 
Officers,  Mu- 
licians,  Pri¬ 
vates  and 
Wafherwomen 

No.  Rooms 
occupied. 

|  No. Kitchens 

j occupied. 

Wood.  | 

in 

W 

Inches. 

Feet. 

T. 

'p 

5 

O 

PS 

< 

S 

w 

rS 

i 

I  do  hereby  certify  on  honor,  that  the  above  return  is 
correct  and  true. 

(Signed)  Quarter  Master. 


The  Deputy  Quarter  Master  General  will  please  to 
issue  cords  of  Firewood,  agreeably  to  the  above 

return.  (Signed)  Commandant. 

N.  B.  Fuel  Returns  for  the  Hospital,  must  be  signed  by 
the  Surgeon  and  Commanding  Officer. 


An  ACT  making  further  provision  for  filing  the  Ranks 
of  the  Regular  Army ,  encouraging  Enlistments  and 
authorizing  the  Re- Enlistment  for  longer  periods  >  of 
Men  whose  temns  of  Service  are  about  to  expire. 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Representatives  of  the  United  States  of  America ,  in  Con - 
gress  assembled^  That  in  order  to  complete  the  present 
military  establishment  to  the  full  number  authorized  by 
law,  with  the  greatest  possible  despatch,  there  shall  be 
paid  to  each  effective,  able-bodied  man,  who  shall,  after 
the  first  day  of  February  next,  be  enlisted  into  the  army 
of  the  United  States,  to  serve  for  the  term  of  five  years 
or  during  the  war  at  his  election,  in  lieu  of  the  bounty  in 
money  and  of  three  month’s  pay  at  the  expiration  of  the 
service,  now  allowed  by  law,  the  sum  of  one  hundred  and 
twenty-four  dollars  ;  fifty  dollars  of  which  to  be  paid  at 
the  time  the  recruit  is  enlisted — fifty  dollars  when  he 
shall  be  mustered  and  have  joined  some  military  corps 
for  service — and  twenty-four  dollars  when  he  shall  be 
discharged  from  service  ;  and  the  wife  and  children,  and 
if  he  leave  no  wife  or  children,  the  parents  of  such  non¬ 
commissioned  officer  or  soldier,  enlisted  as  herein  before 
directed,  who  may  be  killed  in  action,  or  die  in  the  ser¬ 
vice  of  the  United  States,  shall  be  allowed  and  paid  the 
said  sum  of  twenty- four  dollars.  And  after  the  said  first 
day  of  February  next,  so  much  of  the  fourth  section  of  the 
act,  entitled  “  an  act  for  the  more  perfect  organization 
of  the  army  of  the  United  States,*’  passed  the  twentieth 
day  of  January,  one  thousand  eight  hundred  and  thirteen, 
as  allows  to  each  able-bodied  man,  enlisted  into  the  ser¬ 
vice  of  the  United  States,  in  the  manner  therein  stated, 
an  advance  of  twenty-four  dollars  on  account  of  his  pay, 
shall  be,  and  the  same  is  hereby  repealed. 

Sec.  2.  And  be  it  further  enacted ,  That  the  sum  of 
eight  dollars  shall  be  paid  to  any  non-commissioned  offi¬ 
cer,  soldier  or  citizen,  who  shall,  after  the  first  day  of 
February  next,  furnish  and  procure  to  be  enlisted,  accord¬ 
ing  to  law,  an  able  bodied  man,  to  serve  for  the  term  of 
five  years  or  during  the  war. 

Sec.  3.  And  be  it  further  enacted ,  That  every  non¬ 
commissioned  officer,  musician  and  private,  who  has-been 
recruited  in  the  regular  army  of  the  United  States,  under 
the  authority  of  the  act  of  the  eighth  of  April,  one  thous¬ 
and  eight  hundred  and  twelve,  entitled  “  an  act  in  addi¬ 
tion  to  the  act,  entitled  <l  an  act  to  raise  an  additional 
military  force,”  passed  January  eleventh,  one  thousand 


eight  hundred  and  twelve,  may  be  re -enlisted  for  the 
term  of  five  years,  or  during  the  war ;  and  that  every 
non-commissioned  officer,  musician  and  private,  recruited 
under  authority  of  the  act  of  the  twenty-ninth  of  January, 
one  thousand  eight  hundred  and  thirteen,  entitled  “  an 
act  in  addition  to  the  act,  entitled  “  an  act  to  raise  an 
additional  military  force,  and  for  other  purposes,”  maybe 
re-enlisted  for  five  years  or  during  the  war. 

Sec.  4.  And  be  it  further  enacted ,  That  the  non-com¬ 
missioned  officers,  musicians  and  privates,  re-enlisted  un¬ 
der  the  authority  of  the  preceding  section,  shall  be  enti¬ 
tled  to  the  bounty  allowed  by  this  act  to  recruits  for  five 
years  or  during  the  war. 

January  28,  1814. 

Approve!?,  JAMES  MADISON. 


An  ACT  authorizing  the  President  of  the  United  States 
to  cause  certain  Regiments  therein  mentioned ,  to  be 
enlisted  for  five  Years  or  during  the  JVar. 

'  Sec.  1.  BE  it  enacted  by  the  Senate  and  House  if  Re¬ 
presentatives  of  the  United  States  of  America ,  in  Con¬ 
gress  assembled ,  That  the  President  of  the  United  States 
be,  and  he  hereby  is  authorized  and  empowered  to  cause 
to  be  enlisted  for  the  term  of  five  years,  or  during  the  war, 
the  fourteen  regiments  of  infantry  which  are  now  by  law 
authorized  to  be  enlisted  for  the  term  of  one  year,  or  such 
number  of  them,  or  of  the  troops  composing  the  same, 
as  in  his  opinion  will  best  promote  the  public  service. 

Sec.  2.  And  be  it  further  enacted ,  That  each  man  en¬ 
listed  under  the  authority  of  this  act,  shall  be  allowed  the 
same  bounty  in  money  and  land  as  is  now  by  law  allowed 
to  men  enlisted  for  five  years  or  during  the  war,  and  that 
the  officers,  non-commissioned  officers,  musicians  and  pri¬ 
vates,  shall  receive  the  same  pay,  clothing,  subsistence 
and  forage,  be  entitled  to  the  same  benefits,  be  subject  to 
the  same  rules  and  regulations,  and  be  placed  in  every 
respect  on  the  same  footing  as  the  other  regular  troops  of 
the  United  States. 

January  28,  1814. 

Approved,  JAMES  MADISQN. 


Jn  ACT  to  continue  in  force  an  Act  to  raise  ten  addi¬ 
tional  Companies  of  Rangers. 

BE  it  enacted  by  the  Senate  and  House  of  Represent¬ 
atives  of  the  United  States  of  America ,  in  Congress  as¬ 
sembled,  That  the  act  entitled  “  an  act  to  raise  ten  ad¬ 
ditional  companies  of  rangers,”  passed  the  25th  day  of 
February,  one  thousand  eight  hundred  and  thirteen,  be 
and  the  same  is  hereby  continued  in  force  for  one  yeat 
from  and  after  the  date  of  the  passage  of  this  act. 

February  24,  1814. 

Approved,  JAMES  MADISON. 

An  ACT  to  authorize  the  President  to  receive  into  Ser¬ 
vice  certain  Volunteer  Corps .  - 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of  Re¬ 
presentatives  of  the  United  States  of  America ,  in  Con¬ 
gress  assembled ,  That  the  President  of  the  United  States- 
be,  and  he  is  hereby  authorized  to  receive  into  the  ser¬ 
vice  of  the  United  States,  such  proportion  of  the  volun¬ 
teers  authorized  by  the  act  of  the  sixth  of  February,  one 
thousand  eight  hundred  and  twelve,'  and  the  act  supple¬ 
mentary  thereto,  of  the  sixth  July,  cnc  thousand  eight 
hundred  and  twelve,  and  accepted  under  the  authority  or 
said  acts,  as  in  his  judgment  the  public  service  may  re¬ 
quire — Provided ,  That  the  volunteers  so  received  shall? 
engage  to  serve  for  five  years  or  during  the  war,  unless 
sooner  discharged. 

Sec.  2.  And  be  it  further  enacted.  That  the  volunteers 
which  shall  be  taken  into  service,  under  the  authority  of 
the  preceding  section,  shall  be  entitled  to  the  same  boun¬ 
ty,  pay,  rations,  clothing,  forage  and  emoluments  of  every 
kind,  and  to  the  same  benefits  and  allowances  as  the  reg¬ 
ular  troops  of  the  United  States. 

Sec.  3.  And  be  it  further  enacted ,  That  the  officers  of. 
corps  of  volunteers  which  shall  be  taken  into  service,, 
shall  rank  according  to  grade  and  the  dates  of  their  com¬ 
missions  or  appointments  with  other  officers  of  the  army. 

February  24,  1814. 

Approved,  JAMES  MADISON. 

An  ACT  to  raise  three  Regiments  of  Riflemen. 

Sec.  1.  BE  it  enacted  by  the  Senate  and  Blouse  of  Re¬ 
presentatives  of  the  United  States  of  America ,  in  Con¬ 
gress  assembled.  That  there  be  immediately  raised  such 
a  number  of  regiments  of  riflemen,  not  exceeding  three, 


56 


as  in  the  opinion  of  the  President  will  best  promote  the 
military  service,  to  serve  for  five  years  or  during  the  war* 
unless  sooner  discharged. 

Sec.  2.  And  be  it  further  enacted ,  That  each  regiment 
shall  consist  of  one  colonel,  one  lieutenant  colonel,  two  ma¬ 
jors,  one  adjutant,  one  paymaster,  one  quarter  master,, 
one  surgeon,  one  surgeon’s  mate,  one  sergeant  major,  one 
quarter  master’s  sergeant,  two  principal  musicians,  and 
ten  companies. 

Sec.  3.  And  be  it  further  enacted ,  That  each  company 
shall  consist  of  one  captain,  one  first  lieutenant,  one  se¬ 
cond  1  eutenant,  one  third  lieutenant,  and  one  ensign,  five 
sergeants,  four  corporals,  two  musicians  and  ninety  pri¬ 
vates. 

Sec.  4.  And  be  it  further  enacted ,  That  each  man  re¬ 
cruited  under  the  authority  of  this  act  be  allowed  the 
same  bounty  in  land  and  money  as  is  allowed  by  law  to 
men  enlisted  for  five  y  ears  or  during  the  war,  and  that  the 
officers,  non  commissioned  officers,  musicians  and  privates, 
shall  receive  the  same  pay,  clothing,  subsistence  and  for¬ 
age,  be  entitled  to  the  same  provisions  for  wounds  and  dis¬ 
abilities,  the  same  benefits  and  allowances,  and  be  placed 
in  every  respect  on  the  same  footing  as  the  other  regular 
troops  of  the  United  States. 

Sec.  5.  And  be  it  further  enacted ,  That  each  company 
of  the  regiment  of  riflemen  authorized  to  be  raised  by  the 
net  of  April  twelfth,  one  thousand  eight  hundred  and  eight, 
shall  consist  of  ninety  privates. 

February  28,  1814. 

Approved,'  JAMES  MADISON. 

An  ACT  for  the  better  organizing,  flaying  and  su/i/ilying 
the  Army  of  the  United  States. 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of  Refi - 
resentatives  of  the  United  States  of  America ,  in  Congress 
assembled ,  That  the  first,  second  and  third  regiments  of 
artillery  be  formed  into  one  corps,  and  organized  into 
twelve  battalions  as  follows,  to  wit  :  six  lieutenant  colo¬ 
nels,  six  majors,  twelve  adjutants,  twelve  quarter  masters, 
and  forty- eight  companies. 

Sec.  2.  And  be  it  further  enacted.  That  each  company 
shall  consist  of  one  captain,  one  first  lieutenant,  two  second 
lieutenants,  one  third  lieutenant,  five  sergeants,  one  quar¬ 
ter  master’s  sergeant,  eight  corporals,  four  musicians,  and 
one  hundred  privates. 

Sec.  3.  And  be  it  further  enacted ,  That  the  President 


be  authorised  to  assign  one  of  the  two  second  lieutenants; 
hereby  provided  for  each  company,  as  a  conductor  of 
artillery  for  said  company,  whose  duty  it  shall  be  to 
receipt  and  account  for  all  ammunition,  implements  and 
cannon,  furnished  by  the  ordnance  department  for  said 
company,  and  to  do  and  perform  such  other  services  as 
the  war  department  may  direct  ;  and  that  for  the  per¬ 
formance  of  these  services  they  be  allowed  each  ten  dol¬ 
lars  extra  pay  per  month. 

Sec.  4.  And  be  it  further  enacted ,  That  in  lieu  of  the 
tvvo  regiments  of  light  dragoons  now  in  service,  there 
shall  be  organized  one  regiment,  to  consist  of  one  colonel, 
one  lieutenant  colonel,  tvvo  majors,  one  adjutant,  one  quar¬ 
ter  master,  one  surgeon,  two  surgeon’s  mates,  one  sergeant 
major,  one  quarter  master  sergeant,  one  principal  musi¬ 
cian,  one  principal  farrier,  and  eight  troops.- 

Sec.  5.  Ana l  be  it  further  enacted ,  That  each  troop 
shall  consist  of  one  captain,  one  first  lieutenant,  one  se¬ 
cond  lieutenant,  one  third  lieutenant,  one  cornet,  five  ser¬ 
geants}  eight  corporals,  one  riding  master,  one  master  of 
the  sword,  two  trumpeters  or  buglers,  one  farrier,  one 
blacksmith,  one  saddler,  and  ninety-six  privates. 

Sec.  6.  And  be  it  further  enacted ,  That  the  officers  of 
the  corps  of  artillery,  and  the  regiment  of  light  artillery, 
shall  severally  receive  the  same  pay  as  is  now  provided 
by  law  for  the  light  dragoons  in  the  service  of  the  United 
States  ;  and  the  subalterns  of  all  other  corps  shall  be 
allowed  one  ration  in  addition  to  the  pay  authorised  by 
existing  laws. 

Sec.  7.  And  be  it  further  enacted ,  That  there  shall  be 
allowed  annually  to  each  non-commissioned  officer,  musi¬ 
cian  and  private  in  the  corps  of  sea-fencibles,  one  blanket, 
one  knapsack,  and  one  canteen. 

Sec.  8.  And  be  it  further  enacted ,  That  the  President 
cf  the  United  States  be,  and  he  hereby  is  authorised  to 
prescribe  the  quantity  and  kind  of  clothing  to  be  issued 
annually  to  the  troops  of  the  United  States. 

Sec.  9.  And  be  it  further  enacted.  That  from  and  after 
the  first  day  of  June  next,  the  officers  of  the  army  shall 
be  entitled  to  waiters  agreeable  to  grade,  as  follows  :  a 
major  general,  four  waiters  ;  a  brigadier  general,  three  ; 
a  colonel,  two  ;  the  physician  and  surgeon  general,  two  ; 
a  lieutenant  colonel,  major  and  hospital  surgeon,  each 
one  ;  the  officers  of  each  company,  three  ;  every  commis¬ 
sioned  officer  who  holds  a  staff;  appointment  which  gives 
the  rank  of  captain,  or  any  higher  grade,  one  ;  and  to 
every  company  officer  who  commands  a  separate  post  or 

N  2 


58 


detachment,  one  ;  any  law  or  regulation  heretofore  exist¬ 
ing  to  the  contrary  notwithstanding. 

Sec.  10.  And  be  it  further  enacted ,  That  no  officers 
shall  be  permitted  to  employ  as  a  servant  any  soldier 
from  the  line  of  the  army,  and  that  the  servants  of  offi¬ 
cers,  not  exceeding  the  number  allowed  by  the  preceding 
section,  shall  be  mustered  with  some  corps  of  the  army, 
and  that  on  the  muster  rolls  formed  in  consequence 
thereof,  payments  shall  be  made  in  money  to  the  officers 
employing  them,  in  lieu  of  wages,  subsistence  and  clothing, 
by  the  paymasters  of  the  several  corps  or  districts,  where 
such  servants  are  mustered,  at  the  rates  allowed  to  pri¬ 
vates  of  infantry,  which  shall  be  published  to  the  army 
annually,  by  the  secretary  for  the  department  of  war. 

Sec.  11.  And  be  it  further  enacted.  That  the  President 
of  the  United  States  be  authorized  to  appoint  so  many  as¬ 
sistant  apothecaries  as  the  service  may  in  his  judgment 
require;  each  of  whom  shall  receive  the  same  pay  an d 
emoluments  as  a  regimental  surgeon’s  mate. 

Sec.  12.  And  be  it  further  enacted.  That  from  and  after, 
the  passing  of  this  act,  promotions  may  be  made  through 
the  whole  army  in  its  several  lines  of  light  artillery,  light 
dragoons,  artillery,  infantry  and  riflemen  respectively, 
and  that  the  relative  rank  of  officers  of  the  same  grade, 
belonging  to  regiments  or  corps  already  authorised,  or 
which  may  be  engaged  to  serve  for  five  years  or  during 
the  war,  be  equalized  and  settled  by  the  war  department, 
agreeably  to  established  rules  ;  and  that  so  much  of  the 
act,  entitled  “  an  act  for  the  more  perfect  organization  of 
the  army  of  the  United  States,”  passed  the  26th  of  June, 
1812,  as  comes  within  the  perview  and  meaning  of  this- 
act,  be  and  the  same  is  hereby  repealed. 

Sec.  13.  And  be  it  further  enacted.  That  for  the  pur-- 
pose  of  avoiding  unnecessary  expenses  in  the  military  es¬ 
tablishment,  the  President  of  the  United  States  be,  and 
he  is  hereby  authorized,  in  case  of  failure  in  filling  the 
rank  and  file  of  any  regiment  or  regiments,  to  consoli¬ 
date  such  deficient  regiment  or  regiments,  and  discharge 
all  supernumerary  officers  :  Provided,  That  officers  so 
discharged  shall  be  allowed  in  addition  to  the  mileage 
already  authorised  by  law,  three  months  pay  to  each. 

Sec.  14.  And  be  it  further  enacted ,  That  every  non¬ 
commissioned  officer  and  private  of  the  army,  or  officer, 
non-commissioned  officer  and  private  of  any  militia  or 
volunteer  corps  in  the  service  of  the  United  States,  who 
has  been  or  who  may  be  captured  by  the  enemy,  shall  be 
entitled  to  receive,  during  his  captivity,  notwithstanding 


59 


the  expiration  of  his  term  of  service,  the  same  pay,  sub¬ 
sistence  and  allowance  to  which  he  may  be  entitled  whilst 
in  the  actual  service  of  the  United  States  :  Provided , 
That  nothing  herein  contained  shall  be  construed  to  enti¬ 
tle  any  prisoner  of  war  of  the  militia  to  the  pay  and  com¬ 
pensation  herein  provided  after  the  date  of  his  parole, 
other  than  the  travelling  expenses  allowed  by  law. 

Sec.  15.  And  be  it  further  enacted ,  That  the  five  regi¬ 
ments  which,  by  the  first  section  of  an  act,  entitled  “  an 
act  to  amend  the  act  in  addition  to  the  act,  entitled  “  an 
act  to  raise  an  additional  military  force,  and  for  other  pur¬ 
poses,”  were  authorized  to  be  enlisted,  at  the  discretion  of 
the  President  of  the  United  States  for  and  during  the 
war,  may  be  enlisted  at  the  option  of  the  recruit,  for  five 
years  or  for  and  during  the  war,  unless  sooner  discharged, 
the  provisions  of  the  said  act  to  the  contrary  notwith¬ 
standing. 

Sec.  16.  And  be  it  further  enacted.  That  the  commis¬ 
sary  general  of  ordnance  may  employ  in  his  department, 
besides  blacksmiths  and  wheelwrights,  other  mechanics, 
such  as  the  public  service  may  require,  who  shall,  togeth¬ 
er  with  the  said  blacksmiths  and  wheelwrights,  be  mus¬ 
tered  under  the  general' denomination  of  artificers,  being- 
hereafter,  or  having  been  heretofore  enlisted  to  serve  for 
the  term  of  five  years  or  during  the  war,  shall  be  entitled 
to  the  same  annual  allowance  of  clothing  as  is  or  may  be 
provided  for  the  soldiers  of  the  army. 

Sec.  17.  And  be  it  further  enacted.  That  the  laborers 
who  may  be  hereafter  enlisted  to  serve  in  the  ordnance 
department,  for  the  term  of  five  years  or  during  the 
war,  shall  be  entitled  to  a  bounty  of  twenty-five  dollars 
in  money,  and  the  same  annual  allowance  of  clothing  as 
is  or  may  be  provided  for  the  soldiers  of  the  army. 

Sec.  18.  And  be  it  further  enacted.  That  the  physician 
and  surgeon  general  of  the  army  be  entitled  to  two  rations 
per  day  and  forage  for  two  horses,  and  that  in  addition  to 
their  pay,  as  at  present  established  by  law,  the  regimental 
surgeons  and  regimental  surgeon’s  mates  be  entitled  to 
fifteen  dollars  per  month  each. 

Sec.  19.  And  be  it  further  enacted ,  That  the  aids-de- 
camp  of  major  generals  shall  be  taken  from  the  captains 
and  subalterns  of  the  line,  and  the  aids-de-camp  of  briga¬ 
dier  generals  from  the  subalterns  of  the  line  ;  and  that  it 
shall  not  be  lawful  to  take  more  than  one  aid-de-camp 
from  a  regiment. 

Sec.  20.  And  be  it  further  enacted ,  That  in  no  case 
shall  the  district  paymaster  or  quarter  masters  of  any 
grade  be  taken  from  the  line  of  the  army. 


60 


SeG.  21.  And  be  it  further  enacted ,  That  the  officers 
of  the  volunteer  corps  authorized  by  the  act  of  the  twenty- 
fourth  day  of  February,  one  thousand  eight  hundred  and 
fourteen,  be  entitled  to  promotion  in  the  line  of  the  army  ; 
and  that  the  President  of  the  United  States,  with  the  ad¬ 
vice  and  consent  of  the  senate,  be  authorised  to  make 
all  necessary  appointments  and  to  fill  all  vacancies  which 
may  happen  in  the  same. 

LANGDON  CHEVES, 
Speaker  of  the  House  of  Representatives. 
E.  GERRY, 

Vice-President  of  the  United  States,  and 
President  of  the  Senate. 

March  30,  1814. 

Approved,  JAMES  MADISON. 

An  ACT  in  addition  to  the  Act  entitled  “  An  Act  to 
provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union ,  suppress  Insurrections  and  repel  Inva¬ 
sions ,  and  to  repeal  the  Act  now  in  force  for  those  pur¬ 
poses” 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of  Re¬ 
presentatives  of  the  United  States  of  America ,  in  Con¬ 
gress  assembled ,  That  courts  martial,  to  be  composed  of: 
militia  officers  alone,  for  the  trial  of  militia  drafted,  de¬ 
tached  and  called  forth  for  the  service  of  the  United  States, 
whether  acting  in  conjunction  with  the  regular  forces  or 
otherwise,  shall  whenever  necessary,  be  appointed,  held 
and  conducted  in  the  manner  prescribed  by  the  rules  and 
articles  of  war  for  appointing,  holding  and  conducting 
courts  martial  for  the  trials  of  delinquents  in  the  army  of 
the  United  States. 

Sec.  2.  And  be  it  further  enactedy  That  in  all  cases  in 
the  militia,  where  an  offence  is  punishable  by  stoppage  of. 
pay,  or  imposing  a  fine,  limited  by  the  amount  of  pay,  the 
same  shall  be  taken  to  have  relation  to  the  monthly  pay 
existing  at  the  time  the  offence  was  committed. 

Sec.  3.  And  be  it  further  enacted ,  That  if  any  delin¬ 
quent  directed  to  be  summoned  to  appear  before  a  court 
martial  for  neglect  or  refusal  to  obey  the  orders  of  the  Pre¬ 
sident  of  the  United  States  in  any  of  the  cases  recited  in 
the  first,  second,  third  and  fourth  sections  of  the  act,  enti¬ 
tled  “  an  act  to  provide  for  calling  forth  the  militia  to  ex¬ 
ecute  the  laws  of  the  Union,  suppress  insurrections  and  re¬ 
pel  invasions,  and  to  repeal  the  act  now  in  force  for  those 
purposes,”  passed  February  28th,  one  thousand  seven  hun¬ 
dred  and  ninety-five,  shall  be  absent  when  any  non-com- 


61 


missioned  officer  shall  call  to  summon  him,  it  shall  be  a  suf¬ 
ficient  summoning  of  such  delinquent  if  the  non-commission¬ 
ed  officer  leave  a  copy  of  the  summons  or  written  notice 
thereof,  signed  by  him,  with  some  person  of  suitable  age 
and  discretion,  at  the  usual  place  of  abode  of  such  delin- 
I  quent,  at  least  ten  days  previous  to  the  day  of  appearance, 
i  And  in  case  of  the  non-appearance  of  such  delinquent,  the 
)  court  martial  may  proceed  with  his  trial  in  the  same  man- 
I  ner  as  if  he  had  appeared  and  pled  not  guilty  to  the  charge 
|  exhibited  against  him. 

Sec.  4.  And  be  it  further  enacted ,  That  it  shall  be  the 
duty  of  the  president  of  any  court  martial  for  the  trial  of 
militia,  if  required,  and  upon  his  being  duly  satisfied  that 
such  testimony  is  material  to  the  trial,  to  issue  his  precept 
j  directed  to  any  person  to  be  summoned  as  a  witness,  com¬ 
manding  his  or  her  attendance  at  such  court  to  testify  for 
or  against  the  person  to  be  tried,  as  the  case  may  be,  and 
any  witness  having  been  duly  summoned,  and  failing  to 
appear,  without  a  reasonable  excuse,  shall  forfeit  and  pay1 
a  sum  not  exceeding  fifty  dollars  ;  to  be  sued  for  and  re¬ 
covered  in  the  name  of  the  United  States,  by  bill,  plaint  or 
information,  in  any  court  of  competent  jurisdiction.  And 
if  any  witness,  when  called  upon  for  that  purpose,  shall 
refuse  to  testify,  or  shall  behave  with  contempt  to  the 
court,  or  if  any  other  person  shall  use  any  menacing  words, 
signs  or  gestures,  in  presence  thereof,  or  shall  cause  any 
riot  or  disorder  therein,  it  shall  be  lawful  for  such  court 
to  punish  every  such  offender  by  imprisonment  for  a  terra 
not  exceeding  one  month,  at  the  discretion  of  the  court. 

Sec.  5.  And,  be  it  further  enacted ,  That  for  the  purpose 
of  carrying  into  execution  the  sentence,  judgment  or  order 
of  any  such  court  martial,  for  any  of  the  offences  speeified 
in  the  last  clause  of  the  preceding  section  of  this  act,  it 
shall  be  lawful  for  the  court  to  issue  an  order  to  any  com¬ 
missioned  officer  of  militia  not  below  the  rank  of  captain, 
commanding  him  to  carry  the  same  into  effect  by  military 
force,  whose  duty  it  shall  be  to  obey  the  same  and  exe¬ 
cute  the  order  accordingly. 

Sec.  6.  And  be  it  further  enacted..  That  on  the  trial  of 
delinquents,  for  offences  not  capital  by  any  such  court  mar¬ 
tial,  the  deposition  of  witnesses  taken  before  a  justice  of 
the  peace  or  other  person  authorised  to  take  affidavits  to 
be  read  in  any  court  of  record  in  the  state  where  the  same 
shall  be  taken,  may  be  read  in  evidence,  provided  the 
prosecutor  and  person  accused  are  present  at  taking  the 
same,  or  are  duly  notified  thereof.  And  further,  that  the 
returns  of  captains  or  other  commanding  officers  of  com- 


62 


panies,  of  delinquents  drafted  or  ordered  into  the  service 
of  the  United  States,  who  shall  have  refused  or  neglected 
to  enter  the  same,  sworn  to  as  aforesaid,  shall  be  compe¬ 
tent  evidence  of  the  facts  therein  contained. 

Sec.  7.  And  be  it  further  enacted ,  That  if  any  person 
shall  wilfully  swear  false,  before  any  such  court  martial, 
or  in  any  affidavit  or  deposition  taken  as  aforesaid,  he  or 
she  shall  be  adjudged  to  be  guilty  of  wilful  and  corrupt 
perjury,  and  shall  be  indicted,  tried  and  punished  accord¬ 
ingly,  by  any  court  of  competent  jurisdiction  in  the  state 
where  such  offence  shall  be  committed. 

Sec.  8.  And  be  it  further  enacted ,  That  the  militia,- 
when  called  into  the  service  of  the  United  States  by  vir¬ 
tue  of  the  before  recited  act,  may,  if  in  the  opinion  of  the- 
President  of  the  United  States  the  public  interest  require 
it,  be  compelled  to  serve  for  a  term  not  exceeding  six 
months  after  their  arrival  at  the  place  of  rendezvous  in' 
any  one  year. 

Sec*  9.  And  be  it  further  enacted ,  That  regimental 
chaplains  in  the  militia  which  have  been  or  shall  be  call¬ 
ed  into  the  service  of  the  United  States,  shall  receive  the 
same  monthly  pay  and  rations  as  a  captain  of  infantry, 
with  the  addition  of  forage  for  one  horse;  and  wherever 
called  for  into  the  service  of  the  United  States,  division 
quarter  masters  shall  be  entitled  to-  the  pay,  emoluments 
and  allowances  of  a  deputy  quarter  master  general;  and 
regimental  quarter  masters  to  the  pay  and  emoluments  of 
a  lieutenant  of  infantry,  and  sixteen  dollars  per  month  in 
addition  thereto,  and  forage  for  one  horse  ;  division  inspec¬ 
tors  shall  be  entitled  to  the  pay,  emoluments  and  allow¬ 
ances  of  a  major  of  infantry  ;  aid-de-camp  to  brigadier 
generals  to  the  pay,  emoluments  and  allowances  of  a 
captain  of  infantry,  with  an  addition  of  sixteen  dollars  per 
month,  and  forage  for  one  horse. 

Sec.  10.  And  be  it  further  enacted ,  That  the  expenses 
incurred  or  to  be  incurred  by  marching  the  militia  of  any 
state  or  territory  of  the  United  States  to  their  places  of 
rendezvous,  in  pursuance  of  a  requisition  of  the  President 
of  the  United  States,  or  which  shall  have  been  incurred  or 
may  be  incurred  in  cases  of  calls  made  by  the  authority  of 
any  state  or  territory  which  shall  have  been  or  may  be  ap¬ 
proved  by  him,  shall  be  adjusted  and  paid  in  like  manner 
as  the  expenses  incurred  after  their  arrival  at  such  place 
of  rendezvous  on  the  requisition  of  the  President  of  the  U. 
States  ;  Provided ,  That  nothing  herein  contained  shall  be 
considered  as  authorizing  any  species  of  expenditure  pre¬ 
vious  to  arriving  at  the  place  of  rendezvous  which  is  not’ 


63 


•provided  by  existing  laws  to  be  paid  for  after  their  arriv¬ 
al  at  such  place  of  rendezvous. 

Sec.  11.  And  be  it  further  enacted ,  That  ‘-n  all  cases 
where  a  brigade  of  militia  shall  be  called  for,.*!  for  actual 
service,  it  shall  be  the  duty  of  the  brigade  major  of  such 
brigade  to  inspect  and  muster  the  same,  and  sign  the  mus¬ 
ter  rolls,  conformably  to  the  provisions  of  the  act,  entitled 
“  an  act  more  effectually  to  provide  for  the  national  defence 
by  establishing  an  uniform  militia  throughout  the  United 
States  If  less  than  a  brigade  be  called  forth,  then  it  shall 
be  the  duty  of  a  brigade  major  of  the  district  wherein  such 
militia  may  rendezvous,  to  inspect  and  muster  the  same, 

■  and  sign  the  muster  rolls ;  two  musters  to  be  made  in  the 
manner  aforesaid,  one  on  assembling  and  the  other  on  the 
discharge  of  such  militia.  If  there  should  be  no  brigade 
major  in  the  vicinity,  the  commanding  officer  may  direct 
any  officer  under  the  rank  of  lieutenant  colonel,  whether 
of  the  regular  troops  or  militia,  to  inspect  and  muster  the 
militia  so  called  forth. 

Sec.  12.  And  be  it  further  enacted ,  That  any  commis¬ 
sioned  officer,  non-commissioned  officer,  musician  or  pri¬ 
vate  of  the  militia  of  the  United  States,  who  shall  have 
committed  an  offence  while  in  the  actual  service  of  the  U. 
States,  may  be  tried  and  punished  for  the  same,  although 
;  his  term  of  service  may  have  expired,  in  like  manner  a.s 
if  he  had  been  actually  in  the  service  of  the  U.  States. 

Sec.  13.  And  be  it  further  enacted ,  That  this  act  be 
continued  in  force  for  and  during  the  present  war,  and  no 
longer. 

LANGDON  CHEVES, 
Speaker  of  the  House  of  Representatives* 
E.  GERRY, 

Vice  President  of  the  United  States,  and 
President  of  the  Senate. 

April  18,  1814. 

Approved,  JAMES  MADISON, 


